Evaluation of Experience: Hajariwala v. Canada (Minister of Employment & Immigration) (1988) 6 Imm.L.R. (2d) 222. (F.C.T.D.)
The applicant applied for permanent resident status under the independent category where he intended to pursue the occupation of a purchasing officer. He had previous experience in a business in India as an owner/manager of a garment manufacturing and sales company where he was responsible for purchasing, selling, supervising employees and accounting.
The visa office in New York refused his application concluding that applicant's experience was more akin to Supervisor, Wholesale Establishment, an occupation which provided no units of assessment under the occupation demand factor.
The officer concluded: "I do not believe that your various responsibilities can be broken down into separate components for the purpose of awarding you units of assessment for experience in your alternative intended occupations".
The Court ruled that the visa officer committed a clear error of law and a breach of the duty of fairness. The respondent Minister was directed to carry out the assessment in accordance with the Act.
The purpose of the statue is to permit immigration, not prevent it. Applicants have a right to submit their application in a manner which maximizes their chances for entry.
Additional cases have followed this principle and have added that there is a clear responsibility on the part of the visa officer to assess alternate occupations inherent in an applicant's work experience. Where work experience suggests that the occupation may be appropriate, the officer must assess the applicant in the designated occupation regardless of which alternative occupations the officer has seen fit to consider.
