Grazhd v. Canada (Minister of Citizenship and Immigration), docket IMM-3705-98

Date: 19990604

Docket: IMM-3705-98

BETWEEN:

     VICTOR GRAZHD

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

CAMPBELL J.

[1]      This is an application for an order setting aside the decision, dated 15 June 1998, an immigration officer at the Canadian Embassy in Warsaw, Poland, who refused the applicant"s application for permanent residence in Canada.

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Background

[2]      The applicant, Victor Grazhd, is a citizen of Moldova. He applied for permanent residence in Canada, along with his wife and young daughter, on 18 April 1997 in Buffalo, New York. In September of that year, he requested that his file be transferred to the Canadian Embassy in Warsaw, Poland for further processing. The applicant sought to be assessed under the independent worker category and in the category of diesel mechanic.

[3]      The applicant had worked as a senior diesel mechanic in Moldova from 1984 until 1995, when he went to Canada and claimed Convention refugee status. He was refused, but was able to stay in Canada until July 1997, when he returned to Moldova. During his stay in Canada, he worked as a diesel mechanic for five or six months, from February to July 1997.

[4]      The applicant and his wife were interviewed at the Canadian Embassy in Warsaw on 14 April 1998 by immigration officer Iwona Dabrowska-Duda. Although the applicant indicated on his application that he spoke English well, difficulties were soon apparent and a translator was used.

Immigration Officer"s Decision

[5]      In the letter of refusal, the immigration officer indicates that the applicant"s application falls within the transition period between the use of the Canadian Classification and Dictionary of Occupations ("CCDO") and the newer National Occupational Classification ("NOC"). ¹ Accordingly, she assessed the applicant as a diesel mechanic under both systems. ²

[6]      The applicant earned 68 units of assessment under the CCDO system, which it is agreed is the system that applies to his case, and he fell short of the required 70 points by only 2 points. The assessments made are as follows:

CCDO System	Units Earned	NOC System	Units Earned
Age	10	Age	10
Occupational Factor	10	Occupational Factor	10
Specific Vocational Training	15	Educational Training Factor	07
Experience	06	Experience	04
A.R.E.	00	A.R.E.	00
Demographic Factor	08	Demographic Factor	08
Education	10	Education	10
English	00	English	00
French	00	French	00
Bonus	05	Bonus	05
Suitability	04	Suitability	04
TOTAL	68	TOTAL	58

[7]      With regard to education, the applicant submits that he should have been awarded 13 units instead of 10. The immigration officer characterized his four year diploma from the Kishinev Auto-Road College, which qualified him as a technic-mechanic, as one from a technical secondary school. The applicant contends that this is incorrect and that his diploma comes from a post-secondary school. The diploma states on its face that the Kishinev Auto-Road College falls within the purview of the Ministry of post-secondary education of Moldova. ³

[8]      I am satisfied that, on the face of the evidence on the record, a legitimate error in interpretation of this diploma was made by the immigration officer.

[9]      Accordingly, I set aside the immigration officer"s decision and refer this matter to another immigration officer for redetermination.

     "Douglas R. Campbell"

    

     Judge

Toronto, Ontario

June 3, 1999

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-3705-98

STYLE OF CAUSE:                      VICTOR GRAZHD

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  THURSDAY, JUNE 3, 1999

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER AND ORDER BY:      CAMPBELL J.

DATED:                          THURSDAY, JUNE 3, 1999

APPEARANCES:                      Mr. Steven Beiles

                                 For the Applicant

                             Mr. Stephen H. Gold

                                 For the Respondent

SOLICITORS OF RECORD:              Steve Beiles

Barrister & Solicitor

100 Adelaide Street West

Suite 300

Toronto, Ontario

M5H 1S3

For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

                            

                             FEDERAL COURT OF CANADA

                                 Date: 19990603

                        

         Docket: IMM-3705-98

                             Between:

VICTOR GRAZHD

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

REASONS FOR ORDER

AND ORDER

                            

__________________

¹ Applicant"s application record ["AR"], pp. 6-8.

² CCDO 8584.382 and NOC 7312.0.

³ AR, pp. 23-24.