What do you do when your application as a Federal Skilled Worker is rejected?
Ram Sankaran from our office attended before Justice Rennie of the Federal Court earlier this week to argue that a decision by an immigration officer refusing our client's application for permanent residence under the Canadian Experience Class was unreasonable.
Our client originally came to CAnada in 2002 to study English. He graduated with a Bachelor's degree from a University here and received his post graduate work permit. He started work with a large company and started duties commensurate with NOC6211, Retail Sales Supervisor and worked in that capacity for more than a year. He applied for permanent residence under the CEC and provided documentation as to his job duties and information from his employer.
A Case Officer from the Case Processing Pilot in Ottawa refused the application. In his/her reasons, the officer took issue with the "verbs" utilized in the job experience letter.
The relevant regulation is 87.1(2)(c) of the IRPR. The evidence indicated that our client performed four of the eight listed duties for NOC6211 (the Regulation calls for the foreign nationals to perform "a substantial number of the main duties of the occupation as set out in the occupational descriptions" of the NOC" including all of the essential duties).
There are no essential duties for this occupation and the NOC itself indicated that a Retail Sales Supervisor may perform some or all of the listed duties.
Another case that is of assistance is Benoit v. Canada (MCI) [2013] FCJ NO. 214. Justice Zinn set aside the officer's reasoning in that decision, finding:
[...] The Regulations clearly require that only a 'substantial' number of the duties be performed. That is the test. The officer in this case singled out only parts of two of the eight main duties from NOC 6211 and on that basis concluded that Ms. Benoit's experience at the Granite Club did not qualify. While I cannot positively conclude that there was 'substantial' overlap between Ms. Benoit's experience at the Granite Club and NOC 6211 - that assessment must be done by the officer - I am satisfied that her responsibilities at the Granite Club were far from being such a total mismatch that her application for permanent residence has no chance of success. Indeed, at a glance the duties are a substantial match."
We are awaiting the decision of Justice Rennie and look forward to a positive resolution of our client's status in Canada.
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