Docket: IMM-139-15
Citation:
2015 FC 1160
Ottawa, Ontario, October 14, 2015
PRESENT: The
Honourable Mr. Justice Harrington
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BETWEEN:
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RABIA ABID
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP
AND IMMIGRATION
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Respondent
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JUDGMENT AND REASONS
[1]
Ms. Abid, a single mother with two minor
children, sought to emigrate from Pakistan as a permanent resident. She applied
within the federal skilled worker class of the Immigration and Refugee
Protection Regulations, more particularly as a member of a subset thereof,
the Provincial Nominee Class. She had been approved by the Government of
Alberta and issued a Certificate of Nomination under the Alberta Immigrant
Nominee Program-Family Stream. In accordance with section 87 of the Regulations,
this class is “prescribed as a class of persons who may
become permanent residents on the basis of their ability to become economically
established in Canada”.
[2]
Although approved by Alberta, the Federal
Government has the final say in the matter. Subsection 87(3) of the Regulations
provides that if the certificate is not a sufficient indicator of economic
establishment and the officer has consulted with the provincial government in
question, the officer may substitute his or her own evaluation to that of the
province. The visa officer had concerns, and despite consulting with Alberta –
which maintained its position –nevertheless concluded that Ms. Abid would likely
fail to become economically established.
[3]
This is the judicial review of that decision.
[4]
Although some of the visa officer’s opinions
were somewhat problematic, if not outright wrong, one cannot say that it was
unreasonable for him to hold that a single mother with the custody of two minor
children, who had a job offer as a kitchen helper at a salary of $10.50 per hour
on a 37.5-hour week, did not have the ability to become economically
established.
[5]
Ms. Abid’s original plan, which was accepted by
the Alberta authorities, was that her brother would accommodate her and her
children for six months in Calgary, without charge, that her brother had
friends who owned restaurants in Calgary and would arrange a job as a cook
because of her knowledge of Pakistani and Indian foods. She could also apply
for a job at the iconic Tim Hortons coffee and donut shop, which did not require
much training.
[6]
Ms. Abid’s ultimate goal was to become a teacher
in Alberta, as she was in Pakistan. On arrival in Alberta, she would have had approximately
$21,000 in cash. She would upgrade her bachelor’s degree, obtain Canadian
educational credentials and become a teacher. However, it is common ground that
Ms. Abid’s knowledge of the English language was woefully inadequate and came
nowhere near the standard required in order to teach in Alberta.
[7]
The visa officer was of the initial opinion that
“I am not satisfied that you would be able to become
employed in Canada or, if you did find employment, that it would be of a
sufficient level for you to become economically established.” Apart from
language considerations, she did not have the credentials to become a
professional cook.
[8]
The Alberta authorities were consulted and were
optimistic that Ms. Abid would be successful in her proposed course of action.
[9]
Ms. Abid then submitted a revised plan in two
respects. Her English had improved as per a report from the International
English Language Testing System, but still it was nowhere near the standard
needed in order to teach. The other change was that she now had an offer of
employment at Fritou Fried Chicken in Calgary as a “kitchen
helper” at a wage of $10.50 per hour for 37.5 hours a week. The offer
acknowledged her limited English language ability but the employment did not
require her to have knowledge of English since she would be working in the
kitchen and would not have any interaction with the general public. Moreover,
she would have a four-week training for which she would not be paid. Her duties
would include cleaning kitchen appliances, washing dishes and utensils, mopping
the floor, brewing coffee and peeling vegetables.
[10]
This offer came from Ms. Abid’s brother’s
friend, as mentioned in the original proposal.
[11]
The visa officer frowned upon this offer as
being tailor-made to Ms. Abid’s situation, but was of the view that her English
was at a sufficient level to work as a “kitchen helper”.
He did not put this revised offer to the Alberta authorities.
[12]
He consulted an Alberta employment website which
was somewhat ambivalent on job training. In some instances, it would be illegal
not to pay the worker.
[13]
Ms. Abid submits a procedural fairness issue in
that the visa officer consulted material which she says was not anticipated and
which should have been brought to her attention in order to allow her to
comment. Furthermore, it was incumbent upon the visa officer to go back to the
Alberta authorities a second time.
[14]
The concerns about the genuineness of the job
offer and four weeks of work without pay are not germane. The revised plan is
the same as the first plan except that she now had a job offer in hand, from
her brother’s friend. In the circumstances, there was no need to go back to the
Alberta authorities. The unpaid aspect of the job offer is not relevant.
[15]
At the core of the visa officer’s decision,
first, foremost and always, was that he was not satisfied Ms. Abid would become
economically established in Alberta. This decision was not unreasonable, and so
will not be set aside.
[16]
The parties and the Court agree that there is no
serious question of general importance to certify.
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