Is there inconsistency in awarding units of assessment under the experience factor where the visa officer concludes that the applicant is not qualified for the intended occupation?
Canada (Federal), Canada
The following excerpt is from Dekhne v. Canada (Minister of Citizenship and Immigration), 2001 FCT 586 (CanLII):
Finally, counsel for the respondent acknowledged the inconsistency in awarding units of assessment under the experience factor where the visa officer concludes that the applicant is not qualified for the intended occupation: Yu v. Canada (Minister of Employment and Immigration) (1990), 11 Imm. L.R. (2d) 176 (F.C.T.D.), at 185. Where units are awarded, under item 3 of Schedule 1 of the Regulations, "... for experience in the occupation in which the applicant is assessed under item 4", one must infer that the person is considered to be qualified in that occupation.
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