Digests

Citizenship and Immigration

Status in Canada

Permanent Residents

Judicial review of visa officer’s decision denying principal applicant permanent resident visa as skilled worker pursuant to Immigration and Refugee Protection Regulations, SOR/2002-227—Principal applicant claiming to have completed 19 years of full-time education but awarded only 15 points therefor—Only recognized post-secondary institution attended by principal applicant IDM Computer Studies where two-year diploma completed—Officer’s failure to notify principal applicant by means of “fairness letter” that some of applicant’s post-secondary qualifications not academic credentials not amounting to breach of procedural fairness—Purpose of “fairness letter” to inform applicant of case to be met but in present case, criteria to be met set out in Regulations—Principal applicant’s reliance on two-year diploma, not on later four-year diploma suggesting that principal applicant aware that other diplomas not meeting regulatory requirements—Therefore, cannot claim breach of procedural fairness resulting from officer’s failure to give notice of concerns about educational qualifications—Principal applicant also relying on Regulations, s. 78(4) stating that where applicant having educational credential but not requisite number of years, entitled to points for that credential—Case law on interpretation of s. 78(4) diverging—Approach that s. 78(4) cannot be used to award applicant full points for academic credential in special circumstances adopted in present case—Officer reasonably applying Regulations, s. 78(4) in present case—Question regarding correct interpretation of s. 78(4) certified—Application dismissed.

Thomasz v. Canada (Citizenship and Immigration) (IMM-5481-09, 2010 FC 1159, Heneghan J., judgment dated November 19, 2010, 12 pp.)