Tsekhneystruk v. Canada (Minister of Citizenship and Immigration)

IMM-3382-00

2002 FCT 145, Lemieux J.

6/2/02

3 pp.

Judicial review of visa officer's refusal of application for permanent residence--Applicant having diploma from Kiev University, which attended for 6 years--Diploma indicating specialized in psychology--Visa officer awarded applicant 0 points for occupational, experience factors because not having Master's degree, minimum requirement in NOC to work as psychologist--Asked Canadian Embassy in Moscow whether six-year diploma equivalent to Canadian Master's degree-- Embassy replied "No the basic 5 years education in an Institute or University is considered as a Bachelor's degree"-- Application allowed--Assuming equivalency system under NOC only comparing foreign degrees with Canadian degrees, and not taking into account years of study towards degree, response containing material error--Embassy not answering question put to it, namely whether six-year specialized diploma from Kiev University equivalent to Master's degree --Also question should have been asked of Canadian authorities in Kiev as diploma earned after Ukraine regained independence.