CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Dong v. Canada (Minister of Citizenship and Immigration)
A-261-01
2001 FCA 388, Rothstein J.A.
11/12/01
4 pp.
Appeal from Motions Judge's decision ((2001), 15 Imm. L.R. (3d) 175) visa officer correct in assessment of appellant's schooling for purposes of application for permanent residence --Appellant, citizen of People's Republic of China, denied recognition of second-level university degree on basis did not have first-level university degree, only entitled to 13 units of assessment for secondary school diploma--Appeal allowed-- Decision in Hameed v. Canada (Minister of Citizenship and Immigration) (2001), 12 Imm. L.R. (3d) 215 (F.C.A.) dispositive of appeal--In Hameed, majority found applicant with second-level university degree entitled to 16 units of assessment pursuant to Immigration Regulations, 1978 even if does not have first-level university degree requiring at least 3 years of full-time study--Where applicant has second-level university degree, irrelevant whether had first-level at all or whether, if he had such degree, it was one requiring 3 years of full-time study--First-, second- or third-level university degree implying recognized level of study and education, not obtaining of numbers of university degrees--Immigration Regulations, 1978, SOR/78-172.