Date:
20130627
Docket:
IMM-8436-12
Citation:
2013 FC 723
Toronto, Ontario,
June 27, 2013
PRESENT: The
Honourable Mr. Justice Zinn
BETWEEN:
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KHOSRO SEPEHR TAMADDONI
SARA FARAHMAND
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Applicants
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and
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THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
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Respondent
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REASONS FOR
JUDGMENT AND JUDGMENT
[1]
Despite
counsel’s valiant efforts to convince me otherwise, I am of the view that the
decision under review was reasonable, that the officer did not ignore evidence,
and that the officer’s reasons were adequate.
[2]
Mr.
Tamaddoni’s application for a permanent resident visa as a skilled worker was
denied. The narrow issue in this application focuses on the officer’s decision
not to award Mr. Tamaddoni any points for the education of his accompanying
spouse, Ms. Farahmand, the other applicant in this proceeding, under the
“adaptability” criterion prescribed in the then-in-force section 83 of the Immigration
and Refugee Protection Regulations, SOR/2002-227 [Regulations].
[3]
The
Regulations provided that an accompanying spouse with a secondary school
education or less garners no points.
[4]
In
her application dated March 11, 2010, under the heading “What is the highest
level of study you have reached,” Ms. Farahmand indicated “Secondary diploma is
my highest degree and I am student right now.” Similarly, in Mr. Tamaddoni’s
application, it was noted in the row entitled “level of education,” and in the
column pertaining to Ms. Farahmand, “secondary.” Thus, on its face, the clear
evidence of the Applicants was that Ms. Farahmand ought to have garnered no
points under her husband’s “adaptability” score, since her highest level of
education was by their own admission “secondary.”
[5]
The
Applicants submit that a fuller review of their application indicates that Ms.
Farahmand had certificates showing that she had completed several courses,
including pre-university studies and that the officer, had he considered these,
would have reached the conclusion they desire - that she had sufficient
education to be awarded three additional points on the application.
[6]
I
agree with the Respondent that the pre-university course taken by Ms. Farahmand
for which a certificate of completion had been provided in her application was
not a “Diploma.” Indeed, other than the Applicants’ characterization of that
pre-university course as a “Diploma,” nothing in the record states that this
course is, or led to the award of any diploma or degree. On the contrary, the
certificate confirms that it was a “course,” like the other singular “courses”
Ms. Farahmand had completed. The Regulations required a “degree” or “diploma”
“issued on the completion of a program of study or training at an educational
or training institution recognized by the authorities responsible for
registering, accrediting, supervising and regulating such institutions in the
country of issue.”
[7]
The
officer’s reason for awarding her no points is set out in his or her notes as
follows: “Spouse’s education fee paid – secondary school 0 points.”
Although exceptionally brief, one is able to understand why she was awarded no
points – because she had only a secondary school certificate. Those are
sufficient reasons given the administrative nature of the assessment being
performed.
[8]
Lastly,
the Applicants submit that the decision to award no points is not reasonable
given her other education as stated in the application. Quite simply, how can
it be unreasonable for an officer to take the Applicants at their word? Both
said that the highest level of her education was secondary school. That is
exactly what this officer found. It was a reasonable decision.
[9]
Neither
party proposed a question for certification.
[10]
The
Applicants sought an extension of time as required under the Rules. This was
not dealt with by the leave judge. The extension is granted.
JUDGMENT
THIS
COURT’S JUDGMENT is that the Applicants are granted an extension
of time to file the application for leave and judicial review, the application
is dismissed, and no question is certified.
"Russel W. Zinn"
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