Digests

Citizenship and Immigration

Status in Canada

Permanent Residents

Judicial review of immigration officer’s decision rejecting application for permanent residence under skilled worker category—Applicant, citizen of United Kingdom, including wife, two children in application—Immigration officer rejecting application because applicant did not meet requirements for immigration to Canada as only assessed 65 points (below pass mark of 67)—Applicant asking for reconsideration of education assessment on basis having completed 14 years of study (12 years for Scottish Ordinary Grades, two years post-secondary education) and as such, entitled to 20 points pursuant to Immigration and Refugee Protection Regulations (IRPR), SOR/2002-227, s. 78(2)(d)(i)—Immigration officer considering applicant scoring 13 years of study (worth 15 points) as Scottish Ordinary Grades could be completed in 11 years—Assessment criteria for education points set out in IRPR, s. 78—Officer’s interpretation of IRPR, s. 78 reasonable, but made without regard to level of educational attainment—Officer should have looked beyond words of IRPR, ss. 78(2)(c),(d) and considered all of s. 78—Parliament alive to possibility of shortfall in years of study where educational credential valid—That special circumstance addressed in IRPR, s. 78(4)—Trigger for IRPR, s. 78(4) attainment of educational credential—S. 78(4) recognizing educational attainment of skilled workers with bona fide educational credentials but not specified years of study—Applicant clearly attaining two years education credential in IRPR, s. 78(2)(d)(i) by virtue of his successful completion of two years of police training—Application allowed.

McLachlan v. Canada (Minister of Citizenship and Immigration) (IMM-4426-08, 2009 FC 975, Mandamin J., judgment dated September 28, 2009, 14 pp.)