Date: 20000907
Docket: IMM-3707-99
BETWEEN:
POOJA LADKANI
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto,
Ontario on Wednesday, August 30, 2000)
MCKEOWN J.
[1] The applicant seeks judicial review of a decision of the Visa Officer dated June 16, 1999 wherein the Visa Officer refused the applicant's application for permanent residence.
[2] The issues are whether the Immigration Officer assessed the applicant's work experience under the NOC properly and whether the Immigration Officer erred in assessing the employment requirements of the occupation, Financial Manager.
[3] The letter of refusal dated June 16, 1999 stated in part:
| In assessing your application, I have noted that you have not performed the main duties of a Financial Manager. I have therefore awarded zero points for experience. Section 11(1) of the Regulations does not permit the issuance of an immigrant visa to applicants who have not been awarded any units of assessment for the factor of experience. |
[4] The Officer in the CAIP notes stated at page 110:
| The applicant has not performed the main duties of a Financial Manager. Duties appear to be that of a Bookkeeper. Applicant was able to answer basis questions dealing with accounting and bookkeeping. Assessed in this occupation, she does not obtain sufficient points. |
[5] The NOC requirements for Financial Manager are as follows:
| 0111 Financial Managers |
| Managers plan, organize, direct and control the operation of financial departments and develop and implement the financial policies and systems of establishments. They are employed in financial departments in companies throughout the private sector and in government. |
| Examples of titles classified in this unit group |
| -controller |
| -director of accounting |
| -manager, financial control |
| -manager, financial planning and analysis |
| -manager, internal audit |
| treasurer |
| Main duties |
| Financial Managers perform some or all of the following duties: |
| -Plan, organize, direct and control the operation of an accounting, audit or other financial department |
| -Develop and implement the financial policies, systems and procedures of an establishment |
| - Prepare or co-ordinate the preparation of financial statements, estimates, summaries and other financial analyses and management reports |
| - Evaluate financial reporting systems, accounting procedures and investment activities and make recommendations for changes to procedures, operating systems, budgets and other financial control functions to senior managers and other department or regional managers |
| - Recruit staff and oversee training programs |
It is clear from the foregoing that a person must plan, organize, direct and control the operation of financial departments and develop and implement the financial policies and systems of establishments in order to be a Financial Manager.
[6] The Immigration Officer states in the affidavit:
| Based on the description of the responsibilities, Mrs. Ladkani did not meet the above requirement. i.e. plan, organize, direct and control. Moreover, she did not have the experience in accounting, auditing or financial planning as stipulated in the employment requirements under NOC. |
This finding is reasonable based on the NOC requirements. This is not a case where some of the requirements must be met. The two requirements I set out above are essential and the others do not always have to be complied with as they are some of the activities carried on by a Financial Manager. There is no error in assessing the work experience.
[7] The employment requirements of the NOC for Financial Manager are as follows:
| - A university degree or college diploma in business administration, economics, commerce or a related field and |
| - Completion of company or other management training program are usually required. |
| - Several years of experience in accounting, auditing, budgeting, financial planning and analysis or other financial activity are required. |
| - Accounting and audit managers may require a recognized accounting designation. |
[8] The Immigration Officer states at paragraph 13 of her affidavit:
| Mrs. Ladkani had no management or company training. Her responsibilities did not involve the level of responsibility as described under NOC. As she had not performed the main duties of a Financial Manager and did not meet the employment requirements for the position, she was awarded zero points for experience. |
The Immigration Officer did not rely solely on the lack of management or company training. The Immigration Officer stated that she did not have the necessary level of responsibility. This finding is reasonable. There is no error in assessing the employment requirements.
[9] The application for judicial review is dismissed.
"W.P. McKeown"
J.F.C.C.
Toronto, Ontario
September 7, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3707-99 |
| STYLE OF CAUSE: POOJA LADKANI |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: WEDNESDAY, AUGUST 30, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MCKEOWN J. |
Delivered at Toronto, Ontario on Wednesday, August 30, 2000
| APPEARANCES BY: Mr. Max Chaudhary |
| For the Applicant |
| Mr. Marcel Larouche |
For the Respondent
| SOLICITORS OF RECORD: Chaudhary Law Office |
Barrister & Solicitor
255 Duncan Mill Road
Suite 405
North York, Ontario
M3B 3H9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000907
Docket: IMM-3707-99
BETWEEN:
| POOJA LADKANI |
Applicant
| - and - |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |