Date: 20011211
Docket: IMM-2317-01
Neutral citation: 2001 FCT 1364
BETWEEN:
MARIE JEAN-MARC NOYAUX
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of the decision of a visa officer, refusing the applicant's application for permanent residence in Canada under the independent category in the occupation of Purchasing Officer, National Occupational Classification (NOC) 1225.
[2] On March 15, 2001, the visa officer concluded that the applicant did not have the required experience in his intended occupation. Thus, she awarded him zero unit under the Experience factor rendering him inadmissible in accordance with subsection 11(2) of the Immigration Regulations, 1978, SOR/78-172 ("Regulations").
[3] Subsection 8(1) of the Regulations specifically requires the visa officer to assess an immigrant on the basis of each of the factors listed in Column I of Schedule I of these Regulations. Factor 4 states that the NOC is to be used in assessing the applicant.
[4] Contrary to the view expressed by counsel for the applicant, the NOC is part of the Regulations. As a consequence, the visa officer must apply the NOC to evaluate whether or not an applicant meets the employment requirements and has some experience in the intended occupation. In Haughton v. Canada (M.C.I.) (1996), 34 Imm. L.R. (2d) 284, Rothstein J. confirmed that the NOC does not simply constitute a guide for visa officers, but rather a binding system of classification and assessment.
[5] The applicant was assessed in the occupational category of Purchasing Officer described in NOC 1225.
[6] The CAIPS notes of the visa officer as well as her affidavit established why the applicant's experience was not considered as one of a purchasing officer for at least one year. This is purely a question of fact. It is not for this Court to substitute its opinion for that of the visa officer. The applicant did not succeed in demonstrating an error justifying the intervention of the Court.
[7] The application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
JUDGE
Montreal, Quebec
December 11, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011211
Docket: IMM-2317-01
BETWEEN:
MARIE JEAN-MARC NOYAUX
Applicant
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2317-01
STYLE OF CAUSE: MARIE JEAN-MARC NOYAUX
Applicant
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: December 11, 2001
REASONS FOR ORDER OF
THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: December 11, 2001
APPEARANCES:
Mr. Emile Jean Barakat FOR APPLICANT
Ms. Jocelyne Murphy FOR RESPONDENT
SOLICITORS OF RECORD:
Mr. Emile Jean Barakat
Montreal, Quebec FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Montreal, Quebec FOR RESPONDENT
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