Date: 19990817
Docket: IMM-4254-98
BETWEEN:
SALIM RAZAK BRAMCHARI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
SHARLOW J.
[1] On May 6, 1997 the applicant Salim Razik Bramchari filed an application for permanent residence. He indicated that his intended occupation was "business development officer," national occupation category (NOC) number 4163. His application was considered by a visa officer in Islamabad. It was rejected by letter dated July 7, 1998 stating that Mr. Bramchari had achieved only 58 of the 60 points required to be granted an interview. He was given no points for "experience."
[2] The description in the NOC manual for category 4163 recognizes that a business development officer may, under one of a number of job titles, be employed in the public sector or the private sector, or may be self-employed. Among the duties of a business development officer are:
| Conduct social or economic surveys on local, regional or national areas to assess development potential and future trends |
| Conduct surveys and analyze data on the buying habits and preferences of wholesale or retail consumers |
| Conduct comparative research on marketing strategies for industrial and commercial products |
[3] The material filed by Mr. Bramchari in support of his application includes a letter from his employer, an insurance company, confirming that he is an executive officer of the company and the chief manager of its Karachi branch. The letter lists Mr. Bramchari's "major responsibilities." Included in the list are "development of new business and accounts," and "obtaining and submitting, from time to time, information on general trends in the market, product weakness and customer complaints."
[4] There are elements of Mr. Bramchari's current job description that appear to come within NOC 4163. However, the visa officer seems to have concluded otherwise, because he awarded Mr. Bramchari no points for experience relevant to his chosen occupational category.
[5] The visa officer did not give reasons for his decision and filed no affidavit in response to Mr. Bramchari's application. The only thing in the record that resembles reasons are in the visa officer's notes. As both counsel referred to those notes as reflecting the visa officer's reasons for decision, I have done the same.
[6] One note apparently made on July 2, 1998 reads:
| PA assessed at 58 pts in P/S as business development officer (NOC 4163)refusal pending on 0 experience and PTS in P/S. |
[7] A further note apparently made on July 18, 1998 reads:
| I reviewed file and above notes, applicant works in an insurance co risk inspection, selld [sic] policies, loss assessment. This has nothing to do with business dev officer which is related to social and economic development. Economic and social research, no experience in that filed [sic], refused. |
[8] I interpret the visa officer's notes as an indication that he either misunderstood the basis of Mr. Bramchari's application, or thought that a person whose business development experience is limited to a single business or industry can not meet the description of "business development officer." In the absence of any indication on the record of a rational basis for either conclusion, I find the decision patently unreasonable.
[9] The decision of the visa officer will be set aside and Mr. Bramchari"s application for permanent residence will be referred back for reconsideration by a different visa officer.
"Karen R. Sharlow"
Judge
Toronto, Ontario
August 17, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4254-98 |
| STYLE OF CAUSE: SALIM RAZAK BRAMCHARI |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: MONDAY, AUGUST 16, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: SHARLOW J. |
DATED: TUESDAY, AUGUST 17, 1999
| APPEARANCES: Mr. Harvey Savage |
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD: Harvey Savage
| Barrister & Solicitor |
| 393 University Avenue, Suite 2000 |
| Toronto, Ontario |
| M5G 1E6 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19990817
Docket: IMM-4254-98
Between:
| SALIM RAZAK BRAMCHARI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |