Does a visa officer err in law and in fact by not evaluating the applicant under another occupation for which he may be qualified?
Canada (Federal), Canada
The following excerpt is from Siforov v. Canada (Minister of Citizenship and Immigration), 2001 FCT 724 (CanLII):
Issue 2 Did the visa officer err in law and in fact by not evaluating the applicant under another occupation for which he may be qualified? There is no duty imposed on a visa officer to search out other alternative occupations and then evaluate the applicant in those occupations. It would be a different situation if the applicant had asked to be assessed in an alternative occupation (see Hajariwala v. Canada (Minister of Employment and Immigration et al.) (1988), 6 Imm. L.R. (2d) 222 (F.C.T.D.)). Therefore, I find that the visa officer did not make an error in this respect.
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