Mollajafari c. Canada (Citizenship and Immigration), 2013 FC 906 (2013)

Conférencier:The Honourable Mr. Justice Annis
Numéro de Registre:IMM-6493-12
Parties:Mollajafari c. Canada (Citizenship and Immigration)
 
EXTRAIT GRATUIT

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

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc906/2013fc906.html

Date: 20130827

Docket:

IMM-6493-12

Citation: 2013 FC 906

Ottawa, Ontario, August 27, 2013

PRESENT: The Honourable Mr. Justice Annis

Docket:

IMM-6493-12

BETWEEN:

MAJID MOLLAJAFARI

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review, pursuant to section 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27, of a decision refusing the applicant’s application for permanent residence in Canada in the Federal Skilled Worker category.

[2] The applicant is requesting an order of certiorari quashing the negative decision and an order of mandamus compelling the respondent to reconsider his application.

Background

[1] Mr. Mollajafari was born in Iran in 1977. He attended Islamic Azad University, obtaining a three-year Civil Surveying associate’s degree and a B.A. in Civil Engineering in 2007. He then went to work for Eista Bon Consulting Engineers Company as a construction manager. In 2009, he applied to immigrate to Canada in the Skilled Worker category under National Occupation Code [NOC] 0711 Construction Manager. He explains that his application was accepted by the Sydney, Nova Scotia office and the visa officer in Damascus, but he was then refused because he was short two education points (having been credited with only one university credential, not two). He was advised that it would be more practical to apply again than to request judicial review.

[2] Accordingly, he applied again in 2010. The Sydney office approved his application again. However, the visa office in Damascus closed before it could reassess the application, and his file was forwarded to Ankara. There, a visa officer accepted both university credentials but rejected the application on June 18, 2012 on the new ground that the applicant had not demonstrated that he had performed the duties of NOC 0711. This time Mr. Mollajafari applied for judicial review.

[3] The dispositive portion of the decision letter to Mr. Mollajafari states as follows:

You have indicated that you have work experience in (an) occupation(s) with the following NOC (National Occupational Classification) code(s): 0711- Construction Managers . Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, you have not provided sufficient evidence...

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