Khan c. Canada (Citizenship and Immigration), 2013 FC 891 (2013)

Conférencier:The Honourable Mr. Justice Manson
Numéro de Registre:IMM-7131-12
Parties:Khan c. Canada (Citizenship and Immigration)
 
EXTRAIT GRATUIT

Federal Court - Khan v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc891/2013fc891.html

Date: 20130822

Docket: IMM-7131-12

Citation: 2013 FC 891

Ottawa , Ontario , August 22, 2013

PRESENT: The Honourable Mr. Justice Manson

BETWEEN:

HAMMAD AHMAD KHAN

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review of the decision of a First Secretary (Immigration) at the Embassy of Canada in London [the Officer], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. The Officer refused the Applicant’s claim for Permanent Residence in Canada as a Federal Skilled Worker.

I. Background

[2] The Applicant is a Pakistani citizen. He applied for permanent residence in Canada as a skilled worker in June, 2010. He was subsequently assessed for eligibility based on his work experience as a Financial Manager.

[3] Included in his application were various documents as evidence of his prior employment with two financial firms: Lehman Brothers and Marshall Wace. These letters were submitted to meet the requirement that he hold one year of continuous full-time paid work experience as a Financial Manager for the last ten years.

[4] The documents relating to Lehman Brothers include a letter from MJA Jarvis, the bankruptcy administrators for Lehman Brothers, which confirmed that he was employed in the firm’s equities department as a Quant Associate from June 26, 2006, to October 3, 2008 at a salary of ₤ 70,000. The letter also notes that the general practice of Lehman Brothers is only to provide the department, job title and dates of employment in reference to for mer employees. The Applicant also provided a copy of his original employment contract with Lehman Brothers and a letter explaining that due to the bankruptcy proceedings against Lehman Brothers, he was unable to obtain a more detailed reference letter.

[5] In his Memorandum of Argument, the Applicant states that his job at Lehman Brothers entailed various financial analysis duties, including advising clients on investments, stock trading, and developing various investments models.

[6] The documents relating to Marshall Wace include a letter from a director at Marshall Wace confirming that he was employed from October 2008 to January 2011 (the date of the letter), though he does note in his Memorandum of Argument that he was employed there until June, 2011. The letter notes his job as involving responsibility for researching and implementing new ideas in stock and futures markets, his salary as ₤ 85,000, and his title as a “quantitative researcher.” The Applicant also submitted his offer letter and contract of em ployment for his position with Marshall Wace.

[7] In his Memorandum...

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