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IMMIGRANT - Application for immigrant visa - Duties and powers of officer

Monday, January 27, 2020 @ 8:58 AM  


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Application by Sarfaz for judicial review of a visa officer’s decision refusing his permanent residence application. The applicant, a citizen of Pakistan, received a provincial nomination for permanent residence after securing a job offer as a retail sales/trade supervisor with a Saskatchewan company that operated service stations. The visa officer concluded a retail trade supervisor would need moderate to high English language proficiency and that the applicant did not possess the language skills necessary for the position. Pointing to the Employment and Social Development Canada's Job Bank profile for retail trade supervisors, the Officer concluded that while the applicant’s level of English language proficiency might appear sufficient to perform some of the tasks of a retail trade supervisor, it was not clear that he could perform the full range of tasks it would appear reasonable to expect in the context of occupations in Canada.

HELD: Application allowed. The Officer erred in relying primarily on the Job Bank in evaluating whether the applicant could become economically established in Canada to the exclusion of the factors that persuaded the Saskatchewan government that the family could be settled including a confirmed job offer. The Officer also did not explain clearly why the applicant’s prospective employer's evidence, the Government of Saskatchewan's evaluation, and the evidence that the applicant’s spouse also potentially could contribute to the family's wellbeing were insufficient for the applicant to demonstrate economic establishment. The Officer did not evaluate the tasks which the applicant would be required to perform as a retail sales supervisor for a service station, but rather assumed that he would need to be able to do all the tasks listed in the Job Bank at the outset, without considering training time or that these tasks might not all be required for that position. The Officer erred by failing to consider whether or how the applicant’s spouse could contribute to the family's overall establishment.

Sarfraz v. Canada (Minister of Citizenship and Immigration), [2019] F.C.J. No. 1448, Federal Court, J.M. Fuhrer J., December 10, 2019. Digest No. TLD-January272020002