Azim v. Canada ( Minister of Citizenship and Immigration )
IMM-4064-98
Reed J.
26/1/99
9 pp.
Application for order quashing visa officer's refusal of application for landed immigrant status-Applicant applied for landing as skilled worker (textile worker)-In assessing occupational factor, visa officer determined applicant's bachelor's degree acquired from Bangladesh university in under two years whereas, according to National Occupational Classification (NOC) purposes and for assessment of occupational factor, bachelor's degrees requiring at least three years of full-time study-Application allowed-Text of criteria to be addressed under education factor in Schedule I of Immigration Regulations, 1978 referring to first-level university degree requiring "at least three years of full-time study"-This suggests not all first-level university degrees requiring three years of full-time study-Also, "three years of full-time study" in Canadian context means three eight-month periods with four months off between each period-Furthermore, while reference under occupational factor to NOC only indirectly bringing reference to bachelor's degree, education and training factor of Schedule I of Regulations referring directly to "university degree at bachelor's level", not as, under education factor, to "firstlevel university degree requiring at least three years of full-time study"-When different terminology used in same legislative document, presumption reason therefor, and that not intended to carry identical meaning-Text of Schedule I leaving impression whatever equivalence to Canadian degree may be, not based on number of years required to obtain degree-Without express statement to that effect, cannot be assumed that when bachelor's degree required pursuant to NOC for given occupation, that requirement only fulfilled for Schedule I purposes by degree requiring three years of full-time study-Immigration Regulations, 1978, SOR/78-172, Schedule I.