CITIZENSHIP AND IMMIGRATION
Status in Canada
Permanent Residents
Judicial review of visa officer’s refusal of application for permanent resident visa as skilled worker—Applicant citizen of India whose occupation Sikh priest—As applicant possessed neither work permit nor offer of employment validated by Human Resources and Skills Development Canada (HRSDC), decision not to grant any points for adaptability, arranged employment, reasonable—But confusion at Citizenship and Immigration Canada concerning proper awarding of points for arranged employment for priests whose job offers not validated by HRSDC—Serious concerns raised that all applicants for permanent residence in Canada under circumstances similar to those herein may not be treated alike, contrary to rules of procedural fairness—Guidelines concerning allocation of points in permanent residence applications, for both arranged employment, adaptability, for individuals permitted to work in Canada without work permit under Immigration and Refugee Protection Regulations, SOR/2002-227, s. 186 and who later seek to become permanent residents under skilled worker class, requiring clarification—Application allowed.
Singh v. Canada (Minister of Citizenship and Immigration) (IMM-4082-06, 2007 FC 69, Blais J., judgment dated 23/1/07, 18 pp.)