| Citation: |
Hameed v. Canada (Minister of Citizenship and Immigration), 2009 FC 527, [2009] 3 F.C.R. D-18 |
IMM-2700-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of visa officer’s refusal of application for permanent residence as skilled worker—Applicant not achieving required number of points for success—Issue whether officer’s assessment of applicant’s education credit reasonable—Officer awarding no points for bachelor’s degree—Immigration and Refugee Protection Regulations, SOR/2002-227, s. 78(2)(d)(ii) providing that to obtain 20 points in education category, applicant must prove having obtained two-year educational credential at bachelor’s level, completed at least 14 years of full-time, full-time equivalent studies—Since officer’s notes indicating no evidence of number of hours required in program, applicant’s attendance record, unable to conclude applicant completed 14 years of full-time, equivalent study—Officer’s conclusion unreasonable—Regulations defining “full-time”, “full-time equivalent”—Not requiring proof of attendance—Applicant meeting dual requirements since at minimum proving degree based on full-time equivalent of 14 years of study—Application allowed.
Hameed v. Canada (Minister of Citizenship and Immigration) (IMM-2700-08, 2009 FC 527, O’Reilly J., judgment dated May 21, 2009, 9 pp.)