Docket: IMM-1154-14
Citation:
2015 FC 424
Toronto, Ontario, April 8, 2015
PRESENT: The Honourable Madam Justice Simpson
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BETWEEN:
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SUNDAY BUSUYI DADA
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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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ORDER AND REASONS
(Delivered Orally from the Bench in
Toronto, Ontario on April 7, 2015)
[1]
The applicant, Sunday Busuyi Dada is a Nigerian
citizen who has applied for judicial review of a decision made by an
Immigration Case Officer (the Officer) dated February 10, 2014 in which the
Officer refused the applicant’s request for permanent resident status as a
member of the Federal Skilled Workers Class (the Decision).
[2]
The Decision shows that the Officer awarded the
applicant 53 points which was 14 points short of the 67 points required for a
successful application. The applicant says that he should have received 20
instead of 5 points for education and that had he done so, his application for
permanent residence would have been successful.
[3]
The narrow issue is whether there was evidence
to show the nature and duration of any training that led to the issuance of two
certificates in auto mechanics by the Ministry of Labour (the Certificates). The
Certificates showed only that the applicant had passed certain tests.
[4]
The difficulty is that there was no evidence
before the Officer which set out the nature of the study that led to the Certificates.
Neither the applicant’s application form; nor the letter of May 17th,
2012 from the Ministry of Labour described the studies undertaken by the
applicant to earn the Certificates. In view of this, I have concluded that it
was reasonable for the Officer not to include the Certificates when she
assessed the applicant’s education.
[5]
For these reasons, the application for judicial
review will be dismissed.
[6]
No question was posed for certification for
appeal.
ORDER
THIS COURT ORDERS that the application
for judicial review is dismissed.
“Sandra J. Simpson”
FEDERAL
COURT
SOLICITORS
OF RECORD
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Docket:
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IMM-1154-14
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STYLE OF CAUSE:
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SUNDAY BUSUYI DADA v THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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April 7, 2015
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ORDER
AND REASONS:
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SIMPSON J.
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DATED:
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APRIL 8, 2015
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APPEARANCES:
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Shedrack C. Agbakwa
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For The Applicant
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Ildiko Erdei
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For The Respondent
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SOLICITORS OF RECORD:
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Agbakwas LLP
Barristers and Solicitors
Toronto, Ontario
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For The Applicant
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William F. Pentney
Deputy Attorney General of Canada
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For The Respondent
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