Date: 20000726
Docket: IMM-3214-99
BETWEEN:
SONG GUO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] Mr. Guo applied for permanent residence in Canada on April 16th, 1998. He described his present occupation as Medical Laboratory Technologist and stated that his intended occupation in Canada would also be as a Medical Laboratory Technologist. He was interviewed by Lisa Wong, a visa officer in Hong Kong, on April 27, 1999. His application was refused and Mr. Guo was notified of this refusal by letter dated May 25th, 1999. He now brings this application for judicial review and asks the Court to set aside the decision and remit the matter for redetermination. The issue is whether the visa officer erred in law in making her decision.
[2] Mr. Guo is a citizen of China. He studied at the Beijing Medical College for several years and holds the degrees of Bachelor (Medicine) and Master of Medicine. He worked as a Laboratory Technologist from March 1991 until the date of his application. He now wants to work in Canada as a Laboratory Technologist and claims that his education and experience qualify him for admission into Canada.
[3] Mr. Guo says that the visa officer erred in her decision, specifically in her assessment of his education and experience.
[4] The visa officer determined that the Applicant did not meet the requirements for the occupation of Medical Laboratory Technologist. She specifically found that the Applicant had not performed a substantial number of the duties associated with that occupation and consequently, did not have the experience for that occupation.
[5] The visa officer assessed the Applicant in the alternative occupation of Clinical Pharmacologist. He obtained an award of 71 units but the visa officer determined that this was an occupation for which there was no occupational demand. Pursuant to the Immigration Regulations, 1978, failure to obtain at least one unit under the factor of occupational demand is fatal to an application for permanent residence in Canada. Accordingly, the application for permanent residence was refused.
[6] The Applicant said that the visa officer erred in law in making her decision. However, unless it can be shown that a visa officer considered irrelevant or extraneous matters, or failed to consider relevant factors, the Court is without jurisdiction to intervene in the decision made by the visa officer.
[7] From my review of the Record, I am satisfied that the visa officer considered proper and relevant factors in assessing the Applicant"s education and work experience, in relation to his intended occupation in Canada of Medical Laboratory Technologist. She considered the degrees held by the Applicant and his work experience, and concluded that she was not satisfied that the Applicant performed the majority of the job duties and met the employment requirements for his intended occupation in Canada.
[8] There is evidence to support the decision of the visa officer. I am satisfied that the Record reveals no error of law by the visa officer in her consideration of Mr. Guo"s application, and the application for judicial review is dismissed.
ORDER
[9] The application for judicial review is dismissed.
[10] Counsel will have seven days from receipt of these reasons to submit a question for certification.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
July 26, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: THURSDAY, APRIL 27, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DATED: WEDNESDAY, JULY 26, 2000
| APPEARANCES BY: Mr. Micheal Crane |
| SOLICITORS OF RECORD: Micheal Crane |
Barrister & Solicitor
200-166 Pearl Street
Toronto, Ontario
M5H 1L3
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000726
Docket: IMM-3214-99
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
AND ORDER
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