Date: 20000324
Docket: IMM-308-98
BETWEEN:
MOHAMMED YOUSUF SHAIKH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
McGILLIS J.:
[1] The applicant has challenged by way of judicial review the decision of a visa officer dated November 8, 1997, refusing his application for permanent residence in Canada.
[2] The applicant is a citizen of Pakistan who made an application for permanent residence in the independent category, listing his intended occupations as electrical engineer and electrical engineering technician. In support of his application, he provided various documents, including copies of school diplomas, trade certificates, and a letter of reference from the Karachi Electric Supply Corporation Ltd., certifying that he had worked with the company since 1982 as an engineer in various sections of the operations and maintenance department. He also provided a letter dated May 16, 1997 from the Canadian Council of Professional Engineers indicating a positive assessment of his qualifications as an engineer, as well as a document entitled "Bio Data" that outlined in detail his experience as an engineer. That document provided details concerning his training as an apprentice engineer in 1982 and described his duties as an engineer from 1983 to the date of his application as follows:
| OPERATION AND MAINTENANCE: |
| - TESTING AND SYSTEM IMPROVEMENT DEPARTMENT RECTIFY THE LOW VOLTAGE COMPLAINTS. |
| - TAKE NECESSARY REMEDIAL ACTION TO IMPROVE THE VOLTAGE OF THE SYSTEM SUCH AS DIVERSION OF LOAD TO LESS LOADED TRANSFORMER, OVERHEAD/UNDERGROUND MAINS ETC. |
| - PREPARE AND IMPLEMENTATION OF SYSTEM IMPROVEMENT SCHEMES ON SHORT TERM BASIS ON UTILITY EXPENDITURE TO ASCERTAIN CONTINUOUS POWER SUPPLY. |
| - TO PREPARE AND UPDATE THE ELECTRICAL SYSTEM DRAWINGS TIME TO TIME [sic]. |
| - CO-ORDINATION BETWEEN VARIOUS DEPARTMENT [sic] SUCH AS PLANNING, CONSTRUCTION, MAINTENANCE ETC. CO-ORDINATION BETWEEN GENERATION, LOAD DESPATCH [sic] CENTRES AND DISTRIBUTION DEPARTMENT TO ENSURE THAT ACQUIRED DISTRIBUTION SYSTEM ARE [sic] INTEGRATED WITH EXISTING PLANT. ASSESS AND ADVICE [sic] OPERATION AND MAINTENANCE DEPARTMENT, ON PROBLEM OF OPERATION DISTRIBUTION SYSTEM. |
| - TO ANALYSE DIFFERENT TYPE OF FAULTS OF ELECTRIC NETWORK. |
| - SHORT CIRCUIT STUDIES OF THE SYSTEM. |
| - LOAD FLOW STUDIES OF THE SYSTEM. |
| - UNDERGROUND CABLE CONSTRUCTION AND MAINTENANCE. |
| - SUPERVISION/IMPLEMENTATION OF SYSTEM IMPROVEMENT/ |
| REHABILITATION SCHEMES FOR EXISTING DISTRIBUTION SYSTEM OF K.E.S.C. |
| - TO PLAN IN DISTRIBUTION SYSTEM FOR NEW DEVELOPED AREA. |
| - TO PREPARE SCHEMES FOR THE IMPROVEMENT OF EXISTING SYSTEM. |
| - TO ASSESS THE LAND REQUIREMENT OF NEWLY DEVELOPED AREA, MULTISTORIES [sic] BUILDING AND INDUSTRIES. |
[3] The applicant scored 73 points of assessment on a paper screening. On July 10, 1997, he and his wife attended an interview with the visa officer.
[4] In her affidavit, the visa officer stated, among other things, as follows:
| 4. ... After the Applicant finished describing his duties as an Electrical Engineer, it was quite evident to me that his experience did not meet the definition of Electrical Engineer as per the CCDO description. I informed him at that point that his duties in his corporation are not the requisite duties of an Electrical Engineer and I further informed him that if he did not perform those duties he could not be assessed as an Electrical Engineer. I assessed him based on his description of the job he is actually doing and not by his title. It was then clearly explained to him that his work experience did not meet the definition of an Electrical Engineer as per the description of Canadian Classification and Dictionary of Occupations. Mr. Shaikh finally stated that this is why he wants to go to Canada. He is not actually working as an Engineer due to the situation in Pakistan but wants to work as an Engineer in Canada if possible. |
| 5. Mr. Shaikh did not present a detailed job reference stating his duties and responsibilities in his current job. I based my assessment on his statements at interview regarding his responsibilities and duties in his current job. I had sufficient information to form a decision concerning his experience. |
[5] The details contained in the visa officer"s affidavit are generally confirmed by the notes made by her at the interview.
[6] Counsel for the applicant submitted, among other things, that the visa officer erred by failing to consider the documentary evidence tendered by the applicant, particularly the "Bio Data" form containing a detailed description of his duties an engineer with the Karachi Electric Supply Corporation. I agree with that submission. A review of the visa officer"s affidavit confirms unequivocally that she assessed the applicant"s experience solely on the basis of the statements made by him at the interview, given that he "...did not present a detailed job reference stating his duties and responsibilities in his current job". Although the letter from his employer did not provide specifics in terms of his duties, the applicant nevertheless provided a detailed overview of his duties in the "Bio Data" form. However, the visa officer either ignored or misapprehended that evidence in arriving at her decision. The failure of the visa officer to consider relevant evidence tendered by the applicant in support of his application for permanent residence constitutes an error of law.
[7] The application for judicial review is allowed. The decision of the visa officer dated November 8, 1997 is quashed and the matter is remitted to a different visa officer for redetermination. The case raises no serious question of general importance.
OTTAWA, Ontario
| March 24, 2000 D. McGillis |
| _________________________ Judge |
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