Date: 19980924
Docket: IMM-1518-97
BETWEEN:
ALIREZA-MASOUD DIANATKHAH,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
DUBÉ J:
[1] This application under subsection 82.1(2) of the Immigration Act1, is for the judicial review of a decision of Mark Parant, a visa officer at the Canadian Embassy in Paris, wherein he decided that the Applicant did not have the necessary experience as an electronic engineering technologist to qualify as an independent applicant under that category.
1. Facts
[2] The applicant is a citizen of Iran who graduated in 1976 from the Nafici Institute of Technicum, in Tehran, Iran, with an associate degree in electrical engineering. In 1981, he graduated from the University of Southern Mississippi, U.S.A., with a bachelor of science degree. He taught electronic engineering at the Civil Aviation Organization in Tehran from February to July 1982 and worked with Thompson Production and Industrial Co. Limited in the design, assembly and manufacture of electric panels from May 1982 to November 1983. He was technical director for Mojtabai Brothers in Tehran between August 1981 and February 1983 and, during that period, was also employed by Iran Jaguard Co. in charge of the electric, electronics and mechanical repairs of the company"s equipment. In summary, he has always worked in the field of electronic engineering technology.
[3] In 1985, he became a 50% shareholder of Kara Electronic Co. in Tehran. He was also involved in the company"s work. Since August 1988, he has been a director of Taba Chemical and Industrial Co. in Tehran and a director of Payatex Co. since September 1991. He holds 25% of the shares in Cotton Fabric Dying and Finishing Co. in that city.
[4] It appears that the visa officer was doubtful that the applicant wanted to come to Canada to be employed as a technologist as he had so much experience in management. However, the applicant did confirm to him that he wished to be employed as a technologist and indicated that he had sufficient money set aside to support his two sons and himself for the rest of their lives if he had to.
[5] In spite of the applicant's very impressive background in electronic engineering technology, the visa officer gave him zero (0) unit for experience.
[6] This decision of the visa officer is manifestly unreasonable. Even if the applicant had managerial talents and was obviously very successful as a businessman, that does not take away from his obvious electronic and engineering technological experience. If the applicant, for his own personal reasons, prefers to go back to work as a technologist and not in a managerial position, that is his prerogative.
[7] Consequently, the decision is quashed and the application is referred back to another visa officer for reconsideration. In my view, there is no question of general importance to be certified.
OTTAWA, Ontario
September 24, 1998
Judge
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