Digests

Khan v. Canada (Minister of Citizenship and Immigration)

IMM-2303-99

MacKay J.

1/5/00

7 pp.

Application for judicial review of visa officer's (VO) negative decision on application for admission as assisted relative--Application refused at "paper screening stage", without personal interview, as assessed 52 points of 55 required--Issue whether VO made reviewable error in applying NOC to applicant's occupation of accountant; alternatively, whether decision deprived applicant of procedural fairness when no opportunity provided for applicant to respond to VO's concern--Application dismissed--Decision herein not unreasonable in so far as VO reached conclusion NOC classification for "accountant" required some specialized professional training--Only training specified in NOC and Handbook, for accountants of any sort that for C.A.s, C.G.A.s and C.M.A.s--In circumstances, VO's conclusion not unreasonable that training and entry requirements for accountant, under NOC, those set out for those 3 groups--VO simply followed NOC description, in absence of any other reference to training for accountancy therein--Whether description should be reviewed not before Court--Given applicant's two-year commerce degree program, VO's conclusion applicant did not meet training and entry requirements of accountant in itself not unreasonable even if it were considered as based on misunderstanding that particular professional training required for that general occupation--VO's determination did not deprive applicant of procedural fairness as no evidence of any specialized professional education or training provided by applicant with his visa application.