Digests

Rifath v. Canada (Minister of Citizenship and Immigration)

IMM-1065-00

Simpson J.

30/1/01

5 pp.

Judicial review of visa officer's refusal of application for permanent resident status under National Occupational Classification category of Computer Systems Analyst without interviewing applicant--Applicant, age 22, citizen of Sri Lanka--Has no formal post-secondary education--Started working for Digital House (Pvt) Ltd. as trainee hardware technician in Colombo at age 16--Promoted to "systems analyst" within few months, and later to "responsible engineer"--Obtained certification from Microsoft as "systems engineer"--Strong supporting letter from Digital House indicating at top of company's organizational ladder, and one of only few systems engineers in Sri Lanka at time of resignation in 1999--Visa officer noted bachelor's degree or college diploma "usually required"--Not finding significant, substantial grounds allowing applicant to overcome lack of qualifications--Application dismissed--Visa application not containing sufficient information to suggest interview warranted--No detailed description of computer system at employer's place of business--No basis on which officer could conclude applicant might be unusual candidate--When applicant applies without usual qualifications, bears special onus to demonstrate experience outweighs lack of formal training--References, credentials in areas of education, experience would have to be so persuasive on paper that, on judicial review, Court could find decision to reject visa application without interview perverse or patently unreasonable--No reviewable error.