Wali v. Canada (Minister of Citizenship and Immigration), docket IMM-5167-97

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docket IMM-5167-97

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Date: 19990129

Docket: IMM-5167-97

BETWEEN:

FAZAL WALI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

EVANS J.

[1] This is an application for judicial review pursuant to section 18.1 of the Federal Court Act R.S.C. 1985, c. F-7 [as amended] in which the applicant requests the Court to review and set aside a decision of a visa officer dated September 23, 1997 refusing to issue to the applicant a visa to be admitted to Canada as an independent immigrant.

[2] The applicant is a citizen of Pakistan who has resided in the United States since 1994 where he has worked as a taxi driver, taxi dispatcher and manager of the dispatch office. He has a B.Sc. and an M.Sc. in chemistry from the University of Karachi. In his visa application he gave as his intended occupation in Canada that of organic chemist.

[3] He was employed in Pakistan between 1987 and 1991 by a sugar mill, but the duties that he performed there did not correspond to those of an organic chemist as described in the Canadian Classification and Dictionary of Occupations (CCDO) or the National Occupational Classification (NOC). The visa officer's letter and the interview notes that she entered on the computer system state that the applicant agreed with this conclusion.

[4] Accordingly, the visa officer awarded the applicant no units of assessment for experience. The officer also assessed the applicant in other included occupations, but he did not obtain sufficient units of assessment for these either. For "personal suitability", the applicant was awarded three units of assessment.

[5] Counsel who appeared for the applicant at the hearing asserted that on the facts more points of assessment should have been awarded by the visa officer for experience and personal suitability. In particular, he drew the Court's attention to a letter from the applicant's former employer in Pakistan stating that he had been employed as a chemist in a sugar mill. However, in view of the applicant's having agreed that his duties there did not meet the CCDO or NOC descriptions of organic chemist, there is nothing in this point.

[6] It is not the function of this Court to reassess the points to be awarded to visa applicants. In the absence of any demonstrated error of law, procedural unfairness, unreasonable findings of fact or abuse of discretion, this application for judicial review is dismissed.

"John M. Evans"

Judge

TORONTO, ONTARIO

January 29, 1999

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO: IMM-5167-97

STYLE OF CAUSE: FAZAL WALI

and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

DATE OF HEARING: THURSDAY, JANUARY 28, 1999

PLACE OF HEARING: TORONTO, ONTARIO

REASONS FOR ORDER BY: EVANS J.

DATED: FRIDAY, JANUARY 29, 1999

APPEARANCES: Mr. Harry Erlich

For the Applicant

Ms. Bridget O'Leary

For the Respondent

SOLICITORS OF RECORD: Codina & Pukitis

Barristers & Solicitors

Suite 1708, 390 Bay St.

Toronto, Ontario

M5H 2Y2

For the Applicant

Morris Rosenberg

Deputy Attorney General

of Canada