CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Mihajlov v. Canada (Minister of Citizenship and Immigration)
IMM-5115-97
Pelletier J.
26/1/01
7 pp.
Application for judicial review of visa officer's decision in which applicant denied visa--Applicant, citizen, resident of Yugoslavia, applied for permanent residence as Agricultural Field Serviceman under assisted relative class--In course of interview, Visa Officer under mistaken impression Field Service Man classified under "Biologist and Related Scientists" Unit Group as opposed to "Occupations in life sciences", "Agriculturalists and Related Scientists" Unit Groups in Canadian Classification and Dictionary of Occupations (CCDO)--Visa officer more preoccupied with biological science in assessment interview than would have been had he properly classified applicant's occupation--Applicant not awarded points for experience--Application for visa accordingly denied under Immigration Regulations, 1978, s. 11(1)--Visa officer read more into description of duties of field service man than warranted--Research, scientific experimentation not major component of job--Standard of review reasonableness--Visa officer not considering possibility of occupation falling between research scientist and farmer--Visa officer's decision unreasonable as existence of such positions predictable--Decision set aside--Immigration Regulations, 1978, SOR/78-172, s. 11(1) (as am. by SOR/93-44, s. 8).