What is the current state of the law in Canada when it comes to determining whether skills are essential to an occupation?
Canada (Federal), Canada
The following excerpt is from Hua v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 16397 (FC):
The case law does recognize the discretion of the visa officer to determine that some skills are essential to an occupation, as stated by Justice Reed in Wu v. Canada2:
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