[2012] 2 F.C.R. D-1
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of Canadian Consulate General’s decision refusing applicant’s application for work permit under Immigration and Refugee Protection Regulations, SOR/2002-227, s. 112—Applicant, Indian, applying to Consulate under Live-in Caregiver Program—Further to interview conducted pursuant to Regulations, s. 112(d), Consulate not satisfied applicant sufficiently proficient in English to carry out duties of position—Whether procedural fairness requiring that standardized language test be given to assess applicant’s language skills—No statutory or case law authority stating that standardized language test required in every case—Test pointless in some instances—Citizenship and Immigration Canada’s Overseas Processing Manual (OP), chapter OP 14: Processing Applicants for the Live-in Caregiver Program directing that if applicant’s language ability doubtful, applicant should be interviewed—Manual recognizing that face-to-face interview acceptable procedure in such circumstances—Because interview may not suffice in all circumstances, standardized test only fair way of assessing ability of some applicants—Much depending on circumstances of each case, whether interview providing particular applicant with fair opportunity to demonstrate proficiency, officers ability to make assessment from what transpiring at interview—No evidence of procedural unfairness herein—Application dismissed.
Mehmi v. Canada (Citizenship and Immigration) (IMM-6206-10, 2011 FC 1246, Russell J., judgment dated November 1, 2011, 14 pp.)