Date: 19990902
Docket: IMM-4291-97
BETWEEN:
OAK CHUNG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.:
[1] In her transmittal letter of October 1996, counsel noted that Mr. Oak Chung"s application for permanent residence as an independent immigrant was for the occupation of Chef, Saucier (CCDO 6121-116). The visa officer refused the application after having assessed the applicant both under his intended occupation and under the alternate occupation of Cook, Foreign Foods (CCDO 6121-126)1.
[2] The applicant is a citizen of Korea. Between 1987 and 1995, he worked in California as a cook in two Japanese restaurants. He was employed in each restaurant for four years. His functions were to prepare a range of Japanese foods. In the second position, he also suggested menu changes.
[3] Since January 1996, the applicant has been employed with a third Japanese restaurant in California where, in addition to preparing foods, he also "supervises the activities of our kitchen", according to the owner. This establishment employs two sushi cooks, two kitchen cooks and a dishwasher. The restaurant had a seating capacity of approximately 50.
[4] In his letter of decision, the visa officer concluded that the applicant"s qualifications did not meet the CCDO requirements of Chef, Saucier. He explained his decision in these terms:
| You have not demonstrated that in your current and previous working experience you have performed a significant number of the duties of a Chef, Saucier, who is employed in larger eating establishments with substantial kitchen staffs where he/she: "....Directs and supervises activities of cooks and other workers preparing dishes and demonstrates cooking techniques. Consults with other chefs de partie regarding sauces and other foods required for planned dishes to co-ordinate cooking times....Discusses menu changes, use of surplus or left-over food and new recipies [sic] with Sous-Chef or Executive Sous-Chef. Informs supervising chef of menu changes. Discusses operational problems with Sous-Chef or Executive Sous-Chef." |
[5] In my view, it was open to the visa officer to conclude that the applicant, even in his current position, did not carry out the duties required of Chef, Saucier. The applicant"s counsel urged that the visa officer"s interpretation that a Chef, Saucier was employed in "larger eating establishments" was too restrictive. I do not agree. The extract from the CCDO definition, referred to by the visa officer in his letter of decision, can be read as requiring work experience in an establishment which is of a different scale than the one in which the applicant is currently employed.
[6] In my opinion, there was no reviewable error in the visa officer"s decision that he had not performed a substantial number of the duties of Chef, Saucier. As the result of this finding the applicant was awarded zero units under the experience factor for a total assessment of fifty-nine.
[7] The applicant also argues that he should have been awarded three additional units under the education factor. He failed to produce to the visa officer a diploma or apprenticeship certificate concerning his two years in university. Even if this issue were not moot in the circumstances of this case, the visa officer"s decision to award ten units under the education factor is justified by the applicant"s omission in this regard.
[8] This application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
JUDGE
TORONTO, ONTARIO
September 2, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4291-97 |
| STYLE OF CAUSE: OAK CHUNG |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: TUESDAY, AUGUST 31, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: LUTFY J. |
DATED: THURSDAY, SEPTEMBER 2, 1999
| APPEARANCES: Ms. Angie Codina |
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD: Codina & Pukitis
Barristers & Solicitors
1708-390 Bay St.,
Toronto, Ontario
M5H 2Y2
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19990902
Docket: IMM-4291-97
Between:
| OAK CHUNG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
__________________
1 In his letter of decision, the visa officer also referred to the alternate occupation as Specialty Cook/Chef under the same CCDO number.