CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Luo v. Canada (Minister of Citizenship and Immigration)
IMM-2489-99
Tremblay-Lamer J.
23/3/00
10 pp.
Judicial review of refusal of permanent residence--Application for permanent residence submitted under independent/skilled worker category as mechanical engineer--Applicant graduated with bachelor of engineering degree, working as engineer at Guangzhou Aircraft Maintenance Engineering Company Ltd. (GAMECO)--Based on comparison of NOC description of mechanical engineer, applicant's job duties, letter from Canadian Council of Professional Engineers, and fact applicant not having any research or design experience, visa officer awarding applicant 0 point for experience as job duties, experience not meeting requirements for mechanical engineering as set out in National Occupational Classification (NOC)--Immigration Regulations, 1978, s. 11(1) prohibiting issuance of visa to immigrant not earning at least one unit of assessment for experience--Application allowed--Visa officer's notes not reflecting insistence all of duties be performed--Decision based not only on applicant's lack of experience in design, research, but also on fact applicant not performing substantial number of main duties of mechanical engineer--Entitled to give greater weight to certain duties--Decision not unreasonable on this point--As to personal suitability visa officer considered that applicant never visiting Canada, knowledge of Canada limited, limited occupational flexibility reflecting lack of resourcefulness, initiative, motivation--Applicant cannot be faulted for never having visited Canada: Milovanova v. Canada (Minister of Citizenship and Immigration) (1999), 174 F.T.R. 109 (F.C.T.D.)--Visa officer placed significant weight on fact applicant never visiting Canada--As not relevant consideration in assessing personal suitability for successful establishment in Canada, and that applicant short only few points, constituting sufficient error to warrant judicial review--Applicant submitting visa officer erred in not considering applicant's wife's occupation as secretary in assessing personal suitability--Personal suitability based on "person's adaptability, motivation, resourcefulness", not on applicant's spouse's potential for employment.