CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Hamed v. Canada (Minister of Citizenship and Immigration)
IMM-1397-01
2002 FCT 884, Layden-Stevenson J.
16/8/02
9 pp.
Judicial review of visa officer's decision denying applicant, citizen of Sudan, permanent residence in Canada as independent, in intended occupation Economist Researcher as had failed to obtain any units of assessment for experience factor--Issues whether officer's awarding zero points for experience as Economist Researcher made without regard to evidence; whether officer erred in awarding zero points in experience factor despite having awarded applicant full occupational demand units in occupational factor for economist researcher--Application dismissed--Visa officer not erring in his finding with respect to units of assessment for experience factor--When failed to satisfy officer at interview, applicant provided with opportunity to submit further documents but failed to do so--On evidence before him, officer's determination entirely reasonable--Where, as herein, visa officer awards any units of assessment in occupational demand factor and zero units of assessment in experience factor, there is reviewable error--However, assessment regarding experience reasonable herein--Because Immigration Regulations, 1978, s. 11(1) precluding visa officers from issuing visas to applicants who fail to earn at least one point in experience factor, applicant cannot obtain visa--Hence, even though reviewable error on face of decision, error not material to result--Immigration Regulations, 1978, SOR/78-172, s. 11(1) (as am. by SOR/91-157, s. 6).