Issaeva v. Canada ( Minister of Citizenship and Immigration )
IMM-2836-95
Rothstein J.
18/12/96
8 pp.
Judicial review of visa officer's decision rejecting application for immigrant visa-Applicant citizen of Russian Federation-Listing intended occupation as general econo-mist on application for permanent residence-Visa officer's notes of interview stating applicant not economist in western sense-Assessing applicant as "manager administration", for which applicant obtaining 75 units of assessment, but occupation not open to prospective independent immigrants-No mention of occupation of general economist-Application allowed-Prospective immigrant entitled to be assessed in claimed occupation: Uy v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 201 (C.A.)-Applicant not assessed in accordance with Immigration Act, Regulations-Regulations, s. 8 requiring visa officer to assess immigrant on basis of each of factors in column 1 of Schedule 1-Assessment not informal or preliminary determination by visa officer-"Assess" meaning process of applying factors listed to prospective immigrant-Not done with respect to applicant's stated occupation of "general economist"-Visa officer erred in law, exceeded jurisdiction-Assessment in accordance with Schedule 1 providing objective approach to initial determination of chances of particular immigrant becoming successfully established in Canada-Where prospective immigrant clearly not qualifying, simply not obtaining minimum number of units required for visa-Where required number of units obtained, prospective immigrant still subject to discretion given to visa officer under Regulations s. 11(3) which may be exercised against prospective immigrant if approved by senior immigration officer-Assessing on basis of prospective immigrant's claimed occupation minimum requirement-Visa officer not precluded from also assessing prospective immigrant under alternative occupations if facts, circumstances warrant-Immigration Regulations, 1978, SOR/78-172, ss. 8 (as am. by SOR/92-133, s. 2), 11(3)-Immigration Act, R.S.C., 1985, c. I-2.