Docket:
IMM-10241-12
Citation: 2013 FC 1180
Toronto, Ontario, November
21, 2013
PRESENT: The
Honourable Madam Justice Simpson
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BETWEEN:
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RASHID SHAFIQ
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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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REASONS FOR ORDER AND ORDER
(Delivered orally on November 19, 2013)
[1]
This case involves an application for judicial
review of a decision made by a visa officer (the Officer) dated April 27, 2012,
which denied the Applicant’s second application for a permanent resident visa
as a skilled worker on the basis that he did not meet the education
requirements for a Computer Information Systems Manager (NOC 0213) pursuant to
sections 73 and 78(2)(d)(ii) of the applicable Immigration and Refugee
Protection Regulations (the Regulations), C.P. 2002-997 2002-06-11.
[2]
Following a reconsideration at the Applicant’s
request the Decision was confirmed by letter dated September 18, 2012.
Issue
[3]
Against this background, the issue is whether it
was reasonable for the Officer to require that the Applicant provide evidence
of the courses he studied to earn his Bachelor of Arts degree (B.A.).
[4]
There is no dispute about the following matters:
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The Applicant has been awarded a B.A. by the
University of the Punjab, an accredited university.
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The Applicant has met all the requirements for
the B.A.
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The Applicant studied on a full-time basis to
earn the B.A.
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The Applicant wrote and passed the exams
necessary to earn the B.A.
[5]
However, although the Applicant provided a copy
of his B.A., a letter from the college where he studied (the Letter), saying that
he met the requirements for his B.A., and a Mark Sheet from the University of
the Punjab showing that he passed his exams, he did not provide any
transcripts, affidavits, or other evidence which would have described the courses
he took to earn his degree.
[6]
Section 73 of the Regulations speaks of a “program
of study”, but does not mention individual courses. It reads as follows:
“educational
credential” means any diploma, degree or trade or
apprenticeship credential issued on the completion of a program of study or
training at an educational or training institution recognized by the
authorities responsible for registering, accrediting, supervising and
regulating such institutions in the country of issue.
[7]
The Letter says that the Applicant met all the “requirements”
for a B.A.. In my view the word “requirements” is potentially a broad concept.
Requirements could include, sports, community volunteer work and other matters
in addition to traditional course work. Accordingly, to say that an Applicant has
met the “requirements” for a B.A. is in my view at least the equivalent of
saying that he has completed the program of study necessary to earn the degree.
For this reason, the application will be allowed.
Certified
Question
[8]
There is no question posed for certification.
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