Citizenship and Immigration
Immigration Practice
Judicial review of visa officer’s decision refusing application for permanent residence as member of federal skilled worker class—Officer making negative substituted evaluation under Immigration and Refugee Protection Regulations, SOR/2002-227 (Regulations), s. 76(3) as points awarded under Regulations, s. 76(1) assessment not reflecting applicant’s ability to become economically established in Canada—Process for substituted evaluations should not displace underlying intent in s. 76(1) to achieve consistent process for assessing skilled worker applications—Officer’s s. 76(3) substituted evaluation comparable with s. 76(1) assessment since based on education, language proficiency, experience, age, adaptability—Officer assessing applicant’s ability on broader, correct standard of likelihood of applicant becoming economically established in Canada—Officer’s substituted evaluation not unreasonable—Application dismissed.
Roohi v. Canada (Minister of Citizenship and Immigration) (IMM-116-08, 2008 FC 1408, Mandamin J., judgment dated December 22, 2008, 13 pp.)