Date: 19990604
Docket: IMM-3705-98
BETWEEN:
VICTOR GRAZHD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] This is an application for an order setting aside the decision, dated 15 June 1998, an immigration officer at the Canadian Embassy in Warsaw, Poland, who refused the applicant"s application for permanent residence in Canada.
Background
[2] The applicant, Victor Grazhd, is a citizen of Moldova. He applied for permanent residence in Canada, along with his wife and young daughter, on 18 April 1997 in Buffalo, New York. In September of that year, he requested that his file be transferred to the Canadian Embassy in Warsaw, Poland for further processing. The applicant sought to be assessed under the independent worker category and in the category of diesel mechanic.
[3] The applicant had worked as a senior diesel mechanic in Moldova from 1984 until 1995, when he went to Canada and claimed Convention refugee status. He was refused, but was able to stay in Canada until July 1997, when he returned to Moldova. During his stay in Canada, he worked as a diesel mechanic for five or six months, from February to July 1997.
[4] The applicant and his wife were interviewed at the Canadian Embassy in Warsaw on 14 April 1998 by immigration officer Iwona Dabrowska-Duda. Although the applicant indicated on his application that he spoke English well, difficulties were soon apparent and a translator was used.
Immigration Officer"s Decision
[5] In the letter of refusal, the immigration officer indicates that the applicant"s application falls within the transition period between the use of the Canadian Classification and Dictionary of Occupations ("CCDO") and the newer National Occupational Classification ("NOC"). 1 Accordingly, she assessed the applicant as a diesel mechanic under both systems. 2
[6] The applicant earned 68 units of assessment under the CCDO system, which it is agreed is the system that applies to his case, and he fell short of the required 70 points by only 2 points. The assessments made are as follows:
| CCDO System |
Units Earned |
NOC System |
Units Earned |
| Age |
10 |
Age |
10 |
| Occupational Factor |
10 |
Occupational Factor |
10 |
| Specific Vocational Training |
15 |
Educational Training Factor |
07 |
| Experience |
06 |
Experience |
04 |
| A.R.E. |
00 |
A.R.E. |
00 |
| Demographic Factor |
08 |
Demographic Factor |
08 |
| Education |
10 |
Education |
10 |
| English |
00 |
English |
00 |
| French |
00 |
French |
00 |
| Bonus |
05 |
Bonus |
05 |
| Suitability |
04 |
Suitability |
04 |
| TOTAL |
68 |
TOTAL |
58 |
[7] With regard to education, the applicant submits that he should have been awarded 13 units instead of 10. The immigration officer characterized his four year diploma from the Kishinev Auto-Road College, which qualified him as a technic-mechanic, as one from a technical secondary school. The applicant contends that this is incorrect and that his diploma comes from a post-secondary school. The diploma states on its face that the Kishinev Auto-Road College falls within the purview of the Ministry of post-secondary education of Moldova. 3
[8] I am satisfied that, on the face of the evidence on the record, a legitimate error in interpretation of this diploma was made by the immigration officer.
[9] Accordingly, I set aside the immigration officer"s decision and refer this matter to another immigration officer for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
June 3, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3705-98 |
| STYLE OF CAUSE: VICTOR GRAZHD |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, JUNE 3, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER AND ORDER BY: CAMPBELL J. |
DATED: THURSDAY, JUNE 3, 1999
APPEARANCES: Mr. Steven Beiles
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD: Steve Beiles
| Barrister & Solicitor |
| 100 Adelaide Street West |
| Suite 300 |
| Toronto, Ontario |
| M5H 1S3 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990603
Docket: IMM-3705-98
Between:
| VICTOR GRAZHD |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
| AND ORDER |
__________________
1 Applicant"s application record ["AR"], pp. 6-8.
2 CCDO 8584.382 and NOC 7312.0.
3 AR, pp. 23-24.