Karathanos v. Canada ( Minister of Citizenship and Immigration )
IMM-5011-98
Sharlow J.
5/10/99
10 pp.
Application for judicial review of visa officer's (VO) refusal to grant visa on basis application not having necessary qualifications for archivist according to National Occupational Classification (NOC)-"Education and training" and "occupational factor" categories need to be considered in detail herein-Application allowed-NOC indicating "master's degree in archival studies, library science or history usually required"-VO erred in concluding that as applicant only had bachelor's degree in history, did not have necessary qualifications for archivist-VO interpreted words "usually required" as though they read "always required"-Undisputed that for purposes of "education and training" category in Schedule I of Immigration Regulations, phrase "usually required" in description of education requirements for occupation read as "always required"-However, does not follow that words "usually require" must be read same way in assessing number of points in "occupational factor" category-"Usually required" therein meaning just that-No basis for VO's conclusion that person without master's degree in archival studies, library science or history unable, for that reason alone, to meet employment requirements for archivist-In spite of Nemati v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1193 (T.D.) (QL), nothing in interpretive provisions of NOC stating that when educational level "usually required", applicant must meet it unless VO satisfied "significant and substantial" factors in file making it likely applicant could overcome absence of usual requirement-Nevertheless, must be some persuasive reason for thinking applicant will be able to hold employment in intended occupation despite fact "usual" educational qualifications not present: Hara v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1395 (T.D.) (QL)-VO herein should have considered applicant's education, training and experience in its entirety with view to determining whether it was approximate equivalent of master's degree in archival studies, library science or history-Court not satisfied VO made reasonable assessment of applicant's work experience with that question in mind-Immigration Regulations, 1978, SOR/78-172, Schedule I (as am. by SOR/79-167, s. 5; 85-1038, s. 8; 93-44, ss. 24, 25; 93-412, ss. 17, 18; 97-184, s. 9; 97-242, ss. 3, 5).