Chen v. Canada ( Minister of Citizenship and Immigration )
IMM-1553-98
MacKay J.
21/5/99
19 pp.
Judicial review of decision of Operations Manager of Canadian High Commission in Singapore applicant not qualified for permanent residence in Canada-On application for permanent residence form applicant listing intended occupation in Canada as Supervisor, Organization and Methods Analysts-Based on information provided in interview, visa officer concluding applicant having less than one year of experience-Immigration Regulations, 1978, s. 7(1)(c)(iii) requiring consideration of experience in intended occupation-Visa officer awarded applicant zero units in that category-By Regulations zero score for experience precluding issuance of visa-Refusal letter containing visa officer's decision stating zero experience in intended occupation automatic bar to further processing of application-On request for reversal of decision, file referred to Operations Manager-After reviewing entire file, questioning visa officer, Manager concluding officer's decision reasonable, arrived at according to proper procedure-Application dismissed-(1) Manager's thoroughness implying review more than matter of courtesy-Decision not to propose visa officer's decision be changed subject to judicial review pursuant to Federal Court Act, s. 18.1-Court may intervene in so far as Manager's review of visa officer's decision unreasonable-If unreasonableness arising because Manager upholding unreasonable decision of visa officer, then, in interests of justice Court could intervene to set aside Manager's decision, and by necessary implication could order visa officer's decision, if unreasonable, be set aside-(2) As to assessment of experience in relation to requested intended occupations, no basis to conclude Manager erred in finding visa officer's assessment, based on interview, reasonable-Applicant arguing visa officers having duty to provide adequate reasons for refusals, particularly when assessing experience-Relying on Hajariwala v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 79 (T.D.) wherein Jerome A.C.J. stating record must equally indicate reasons supporting visa officer's assignment of specific experience rating to included occupations or reasons supporting refusal to do so-Referring to provision of reasons for assignment of experience to alternative occupations, rather than to refusal generally-No duty to set out detailed reasons for refusal, or for assessment assigned to any factor, including experience-While discourteous not to advise applicant in writing of assessment in relation to all occupations requested, such failure not constituting error warranting judicial intervention-Absent evidence of bad faith, or that unreasonable on evidence before him, visa officer's discretionary decision not set aside-(3) Since applicant, having had zero assessment for experience, not admissible to Canada as permanent resident, Manager's conclusion issue of bonus points for close relative living in Canada moot, reasonable-(4) Since assessment of zero points for experience resulting in inadmissibility as permanent resident, nothing unreasonable in Manager's refusal to reassess applicant's personal suitability-Immigration Regulations, 1978, SOR/78-172, s. 7(1)(c)(iii) (as am. by SOR/97-184, s. 2)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).