Chen v. Canada ( Minister of Citizenship and Immigration )
IMM-5511-98
Sharlow J.
30/9/99
4 pp.
Application for judicial review of visa officer's (VO) decision rejecting application for permanent residence on basis of assessment of applicant's language ability and personal suitability (fell 2 points short)-Application on basis of intended occupation of financial manager-Record indicating applicant had extensive experience as financial manager in state-owned financial institutions in China, but also as financial analyst-If had been assessed as financial analyst, little doubt would have earned 2 additional points, as occupation more in demand in Canada-Application allowed-Case law to effect VO must assess applicant in any occupation inherent in work experience where applicant seeks such assessment in application or in interview-Applicant says in affidavit he asked at interview to be assessed as financial analyst as well as financial manager, and gave VO example of financial analysis report he had prepared for company-On evidence, request made-Therefore, VO erred in failing to assess applicant in category of financial analyst-Obiter: VO considered herself relieved of any obligation to assess him in any other occupation category as application ultimately failed on basis of points awarded for language ability and personal suitability-No basis in law or principle for such restrictive view of VO's duty to consider alternative occupations-Purpose of immigration legislation to permit immigration, not to prevent it-Fact applicant qualified for occupation in moderate demand should not disqualify him from consideration for lesser occupation in greater demand, if he requests it, as herein-VO also erred in discounting applicant's prospects for success in Canada on basis applicant's experience with state-owned financial institutions in China without raising issue with applicant.