Dogra v. Canada ( Minister of Citizenship and Immigration )
IMM-3413-98
Evans J.
23/4/99
14 pp.
Judicial review of refusal of application for permanent residence-In visa application applicant indicating school and guidance counsellor as intended occupation in Canada-In support of application submitting letter from school in India stating employed there for four years as teacher, performed duties of guidance counsellor; letter from father of children tutoring privately in New York-Visa officer awarding applicant zero units for "experience", factor 3 in Schedule I of Immigration Regulations-Visa officers must evaluate applications by reference to factors listed in Schedule I-Letter of decision stating, based on answers to questions about Canadian customs, culture, applicant would not know how to provide personal guidance to Canadian students who, for most part, come from entirely different background-Application allowed-Experience factor in Immigration Regulations, 1978, Schedule I not requiring visa officer to determine whether applicant's experience equivalent to that in Canada, other than by considering extent to which duties performed by applicant matching those in description in National Occupational Classification (NOC) of applicant's intended occupation-Schedule I should be interpreted in manner consistent with purpose: provision of objective criteria by which visa officers decide whether independent applicant will be able to become successfully established in Canada-That applicant's experience in intended occupation may not enable her to obtain employment in Canada in that occupation legitimate concern, but may be addressed through education, training factor in Schedule I-Issue extent to which visa officers authorized to look behind Canadian Classification and Dictionary of Occupations' or NOC's descriptions of education, training, experience, or other statutory criteria, in attempt to assess relevance of applicant's credentials for becoming successfully established in Canada, especially in case of applicants who list profession as intended occupation-Not normally appropriate for visa officers to engage in exercise of assessing "Canadian relevance" of applicants' education, training, experience when consistent with terms of statutory criteria-Assessing "Canadian equivalents" of overseas qualifications may better be left to national accreditation committees, provincial licensing authorities-Immigration policy placing increasing emphasis on applicants' adaptability, flexibility, characteristics-Hence level of education, active labour market participation more important in predicting successful establishment in Canada than possession of specific knowledge-Visa officer exercised discretion unreasonably in rejecting application on ground given in letter of decision-One of contemporary Canada's defining characteristics multicultural nature-Many boards of education might regard applicant's national origin, experience in Indian schools as valuable assets in assisting children-Questions designed to elicit knowledge of "Canadian customs and culture" suspect by very nature because assume Canadian culture, customs monolithic-Danger visa officers may identify as "Canadian culture and customs" those of oldest established groups, and regard others as outside mainstream of Canadian society-Immigration Regulations, 1978, SOR/78-172, Schedule I.