| Citation: |
Requidan v. Canada (Minister of Citizenship and Immigration), 2009 FC 237, [2009] 3 F.C.R. D-11 |
IMM-3889-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of visa officer’s refusal of application for permanent residence in Canada under skilled worker class—Applicant obtaining 64 points, 3 points short of minimum requirement—Requested substituted evaluation under Immigration and Refugee Protection Regulations, SOR/2002-227, s. 76(3) but officer satisfied points awarded reflected applicant’s “settlement ability”— S. 76(3) allowing visa officer to substitute evaluation of likelihood of skilled worker becoming economically established in Canada for criteria if number of points awarded approximating 67 points, visa officer determining number of points awarded not sufficient indicator of skilled worker’s ability to become economically established—Officer correct in not seeking concurring evaluation of second officer after assessing substituted evaluation of applicant’s case—Under Regulations, s. 76(4), concurring opinion required only if officer deciding to substitute own evaluation in lieu of points assessment—Discretion under s. 76(3) “clearly exceptional”—Visa officer’s conclusion reasonably open thereto— Application dismissed.
Requidan v. Canada (Minister of Citizenship and Immigration) (IMM-3889-08, 2009 FC 237, Kelen J., judgment dated March 4, 2009, 18 pp.)