Digests

Crisologo v. Canada (Minister of Citizenship and Immigration)

IMM-1958-01

2002 FCT 382, Heneghan J.

5/4/02

12 pp.

Application for judicial review of visa officer's decision refusing applicant's application for permanent residence in Canada--Applicant citizen of Philippines--In March 1998, applicant submitted application for permanent residence in Canada to Canadian Embassy in Manilla--Requested assessement as "Advertising/ Marketing" Consultant, National Occupational Classification (NOC) 1122.2--Visa officer advised applicant employment, knowledge require-ments of Canadian advertising and marketing industry not met, application could not be approved as applicant received assessment of less than 70 units of assessment--Standard of review for discretionary decision of visa officer that of deference--Assessment in intended occupation not conducted--Visa officer based decision not to conduct assessment on determination applicant lacked employment requirements for position--Concluded since applicant held no degree, certification in fields of business administration, commerce, lacked requisite educational background-- Interpretation erroneous as straining language in NOC definition--Visa officer erred in consideration of applicant's qualification for intended occupation--Properly exercised discretion as factors to be taken into consideration relate generally to prospective immigrant, not to specific occupation --Application allowed.