Date: 19981217
Docket: IMM-4836-97
BETWEEN:
AMRIT PAL KAUR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
WETSTON J.
[1] The applicant is seeking judicial review of a decision of a visa officer in Buffalo, New York. On May 1, 1997, the National Occupational Classification for the purposes of assessing visa applications came into effect. The application for landing was dated April 31, 1997. Accordingly, the visa officer, Ms. Fitzgerald, assessed the applicant under both the NOC program as well as the CCDO. The visa officer concluded that the applicant could not be favourably assessed under either. Moreover, no interview was provided the applicant pursuant to 22.1(1) of the Immigration Regulations.
[2] In essence, counsel for the applicant advanced three arguments. First, he contended that more points should have been provided in the education category. I agree with the respondent that the timing of the application may have been somewhat unfortunate given the transition to the NOC program. However, I find that the visa officer did not err with respect to her consideration of the applicant's education.
[3] The applicant was considered under the category of medical secretary. The applicant's second contention is that, while the applicant did not literally meet the requirements, the training and entry requirements are not absolute. In essence, secretaries and stenographers "normally require" ten to twelve years of general education and three to six months of training in a business college, or graduation from a secondary commercial school. They also "normally require" three months to one year of stenographic experience to become proficient, especially when a knowledge of the terminology of a particular field, such as medicine, is required. In essence, the applicant argued that her work experience would fulfil the training and entry requirements and that an interview should also have been granted to assess her experience.
[4] Thirdly, it is contended that, since no interview was granted, a breach of fairness occurred. I do not accept the contention that because an interview was not granted the visa officer's consideration of her application was unfair.
[5] It is clear that the applicant has considerable experience as a medical secretary. However, the issue is whether or not the visa officer erred in the application of the CCDO. The respondent contends that the issue is whether or not in assessing the applicant's specific vocational preparation as a medical secretary, the visa officer failed to take into account the experience she had acquired as a medical secretary before submitting her application for permanent residence.
[6] In order to determine whether an applicant will be able to become successfully established in Canada a visa officer must assess each of the factors listed in Column I of Schedule I, as provided in the Immigration Regulations. One of these factors is specific vocational preparation. The criteria for assessing this factor are measured by the amount of formal education and professional, vocational, apprenticeship, in-plant or on-the-job training specified in the CCDO.
[7] The visa officer concluded in reviewing the applicant's educational qualifications that the applicant does not have the necessary formal occupational training or education to be considered as qualified to follow the occupation of medical secretary in Canada. I see no basis to interfere with her assessment. There is a difference between formal training in the manner described above in Schedule I to the Immigration Regulations and work experience.
[8] Accordingly, the application for judicial review is dismissed. There is no question for certification.
"Howard I. Wetston"
Judge
TORONTO, ONTARIO
December 17, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4836-97
| STYLE OF CAUSE: AMRIT PAL KAUR |
and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: THURSDAY, DECEMBER 10, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: WETSTON, J.
DATED: THURSDAY, DECEMBER 17, 1998
APPEARANCES: Mr. Steven R. Solway
For the Applicant
Ms. Sally Thomas
For the Respondent
SOLICITORS OF RECORD: Steven R. Solway
Barristers & Solicitors
9 Menin Road
Toronto, Ontario
M6C 3J1
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981216
Docket: IMM-4836-97
Between:
AMRIT PAL KAUR
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER