Date: 19990408
Docket: IMM-928-98
BETWEEN:
TARIQ MEHMOOD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] The applicant, a national of Pakistan, seeks judicial review of a decision of a visa officer in Buffalo, New York, dated January 22, 1998 refusing the applicant's application for permanent residence in Canada under the skilled workers' program
[2] The issue is whether the visa officer erred in stating that the applicant did not possess the requisite Specific Vocational Preparation (SVP) for the occupation of "Chef Rotisseur".
[3] The visa officer assessed the applicant as follows:
| In order to assess your qualifications in your intended occupation I asked you whether you had any training as a Chef Rotisseur. You responded that you completed one year on-the-job training with the Faisal Hotel and Restaurant in Pakistan. According to the Canadian Classification and Dictionary of Occupations, the specific vocational preparation is more than four years up to and including ten years of training is required in order to qualify as a Chef Rotisseur in Canada. I note that apart from this one year on-the-job training you do not possess the minimum specific vocational preparation for this occupation. You responded that your length of experience should be taken into consideration. I then advised you that you had not disabused me of my concern and I therefore determined that you do not qualify for selection as a Chef Rotisseur. |
[4] The applicant submitted that his experience as a Chef Rotisseur for eleven years should have been taken into account under the SVP. However, one receives points for experience which is a separate category from SVP. Furthermore, one cannot act as a professional, such as a Chef Rotisseur, for a number of years if one does not have the necessary qualifications to do the job. The CCDO guide Schedule 1 requires more than four years up to and including ten years of training. The applicant only had one year on-the-job training by his own admission. The visa officer did not err, she did not fail to carry out the assessment that was required of her, nor did she fail in her duty of fairness to the applicant.
[5] The application for judicial review is dismissed.
"W.P. McKeown"
Judge
TORONTO, ONTARIO
April 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-928-98
| STYLE OF CAUSE: TARIQ MEHMOOD |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: THURSDAY, APRIL 8, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McKEOWN J.
DATED: THURSDAY, APRIL 8, 1999
APPEARANCES: Mr. Stan Ehrlich
For the Applicant
Mr. Godwin Friday
For the Respondent
SOLICITORS OF RECORD: Goodman Philllips & Vineberg
Barristers & Solicitors
Box 24, 2400-250 Yonge St.,
Toronto, Ontario
M5B 2M6
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990408
Docket: IMM-928-98
Between:
TARIQ MEHMOOD
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER