How have the courts in Canada dealt with a chef's application for a work visa?
Canada (Federal), Canada
The following excerpt is from Wang v. Canada (Minister of Citizenship and Immigration), 2002 FCT 146 (CanLII):
The applicant relies on So v. Canada (Minister of Employment and Immigration) (1995), 28 Imm. L.R. (2d) 153, where Mr. Justice Rouleau, in quashing the decision of a visa officer, commented, at para. 7: ...(I)n making his decision, he [the visa officer] clearly disregarded pertinent and relevant facts, such as the applicant's twenty years of experience as a chef and his certificate as a Class 1 Chef in Cantonese dishes... The applicant submits that the visa officer in this case similarly disregarded pertinent and relevant facts.
The respondent submits that it was open to the visa officer to place little weight on the applicant's documentation of his internet job searches. Relying on Prasad v. M.C.I. (1995), 34 Imm. L.R. (2d) 91 (F.C.T.D.), the respondent asserts that the onus is on the applicant to fully satisfy the visa officer that he or she meets the requirements for admission. There is no dissent about the general principle of the task facing an applicant for immigration to Canada.
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