Date: 20000315
Docket: IMM-404-99
BETWEEN:
RAMZAN PANJWANI ALI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Friday, February 18, 2000)
SIMPSON J.
[1] This is an application for judicial review by Ramzan Panjwani Ali (the "Applicant") of a decision of a visa officer (the "Officer") dated December 16, 1998, wherein the Officer denied the Applicant"s application for permanent residence in Canada. The Applicant intended to work in Canada as an accountant.
[2] The Applicant was assessed as an accountant in accordance with both the Canadian Classification and Dictionary of Occupations (the "CCDO") and the National Occupational Classification Guide (the "NOC") which came into force on May 1, 1997.
The Facts
[3] The Applicant has a bachelor of commerce degree with a major in accounting from a university in India. He has also worked in the accounting field in India and in the United States of America.
[4] The Applicant made his application to come to Canada in April of 1997 and, in August of that year, he was sent materials advising him of the licensing requirements for accountants in Canada. However, over one year later, at the time of his interview in September of 1998, he had made no inquiries about how to become accredited as an accountant in Canada. What he had accomplished was a job search on the internet. From this, and his subsequent efforts, he had obtained letters from two companies indicating that they would be prepared to interview him for an accounting position.
[5] The Applicant"s wife and children were listed as dependents on his application, and there was no evidence that they were in a position to help the family establish itself in Canada. The daughters were still in school, and the Applicant"s wife, who was educated as a social worker, had worked in the home in recent years and had not explored career opportunities in Canada.
The Issues
[6] Counsel's submissions concerned the Officer"s rejection of the Applicant as an accountant and her decision to award him only four points for personal suitability. I will deal with each issue in turn.
Issue 1: An Accountant
[7] The CCDO and the NOC both require the accreditation of accountants. The uncontradicted evidence discloses that the Applicant was made aware of these requirements and yet he made no inquiries about how to convert his education and experience into a recognized Canadian certification. It is my conclusion that, in these circumstances, the Officer was entitled to conclude that the Applicant could not be considered under the "Accountant" designation in either the CCDO or the NOC.
Issue 2: Personal Suitability
[8] It is also my view that there is no basis for a finding that the Officer erred when she exercised her discretion and awarded the Applicant only four points for personal suitability. It was clear that his failure to take any steps to fulfil the requirements for the practice of his profession in Canada had an important impact on her view of his suitability.
[9] As well, the record discloses that the Applicant assigned himself six points for personal suitability in a letter from his counsel to the Respondent dated April 15, 1997. This was obviously calculated without a deduction for his failure to pursue accreditation. In these circumstances, the Officer"s decision cannot be said to constitute an error.
Conclusion
[10] For all these reasons, the application will be dismissed.
(Sgd.) "Sandra J. Simpson"
Judge
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-404-99
STYLE OF CAUSE: RAMZAN PANJWANI ALI
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: February 18, 2000
PLACE OF HEARING: Toronto, Ontario
REASONS FOR ORDER BY: SIMPSON J.
DELIVERED FROM THE BENCH: February 18, 2000
DATED: March 15, 2000
APPEARANCES: Ms. Carole Simone Dahan
for the Applicant
Mr. Martin Anderson
for the Respondent
SOLICITORS OF RECORD: Guberson, Garson
1920 - 130 Adelaide St. W.
Toronto, Ontario
M5H 3P5
for the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario
for the Respondent
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