Prajapati v. Canada ( Minister of Citizenship and Immigration )
IMM-4927-94
Gibson J.
2/11/95
9 pp.
Judicial review of denial of permanent resident status for failing to meet selection criteria-Applicant citizen of India-Application for admission to Canada as permanent resident for himself, wife, two children supported by undertaking of assistance from brother-in-law in Canada-Employed in chemical industry in India under title "Production Engineer" although university degree not in engineering-(1) As preliminary matter, paragraph in solicitor's affidavit in support of application for judicial review referring to applicant's report of interview, and copy of written report annexed as exhibit to affidavit struck as not within affiant's personal knowledge as required by R. 332(1)-(2) Visa officer not assessing applicant against preferred occupation of production coordinator because not involved with coordinating work between different units but supervising work within single production unit-Assessing applicant against alternate occupations-Having turned to Canadian Classification and Dictionary of Occupations for guidance, visa officer obliged to take whole of occupation description into account and to interpret it properly-Lead statement of occupation description indicating production coordinator may coordinate and expedite flow of work within department of manufacturing plant even though following statement of duties only partially consistent with lead statement in that seemingly reflecting interdepartmental coordination-Visa officer misinterpreted occupation description, erred in law-Federal Court Rules, C.R.C., c. 663, R. 332(1).