Date: 20160601
Docket: IMM-1884-15
Citation: 2016 FC 607
Ottawa, Ontario,
June 1, 2016
PRESENT: The Honourable Madam Justice
Heneghan
BETWEEN:
NAEEM ULLAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
JUDGMENT AND REASONS
[1]
Mr. Naeem Ullah (the “Applicant”) seeks judicial
review of a decision of a visa officer (the “Visa Officer”), dated March 13,
2015. In that decision, the Visa Officer refused the Applicant’s application
for permanent residence as a member of the provincial nominee class on the
ground that he was not likely to become economically established in Canada.
[2]
The Applicant applied for permanent residence as
a member of the provincial nominee class in July 2013 after he was nominated by
the province of Saskatchewan.
[3]
Although the Applicant is trained as a software
specialist, he received a job offer to work as a dishwasher in Regina,
Saskatchewan.
[4]
The Visa Officer, in his March 13, 2015 decision,
found that the Applicant lacked the necessary English language skills and work
experience to perform the duties of a dishwasher, and as such, is unlikely to
become economically established in Canada.
[5]
The Visa Officer’s determination that the
Applicant could not become economically established in Canada involves a
question of mixed fact and law and is reviewable on the standard of
reasonableness; see the decision in Dunsmuir v. New Brunswick, [2008] 1
S.C.R. 190, at paragraph 51. The reasonableness standard requires that a
decision be intelligible, transparent, and justifiable, falling within the
range of possible, acceptable outcomes; see Dunsmuir, supra at
paragraph 47.
[6]
I agree with the Applicant’s submissions that the
Visa Officer’s decision does not meet that standard. There is no evidence in
the record to show that he lacks the necessary English language skills or job
training to perform the dishwashing job.
[7]
In the result, this application for
judicial review is allowed, the decision of the Visa Officer is set aside and
the matter is remitted for re-determination. There is no question for
certification arising.
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