Is a visa officer required to assess applicants in alternative occupations where the applicant is qualified for and prepared to follow that occupation?

Canada (Federal), Canada

The following excerpt is from Adami v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8062 (FC):

The leading case in Hajariwala v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 79 (F.C.T.D.), where (at page 83) Jerome A.C.J. considered the administrative instruction to visa officers requiring them to assess applicants in alternative occupations "where there is the possibility that the applicant is qualified for and prepared to follow that occupation". He then said: I take this to be a very important expression of fundamental fairness to the applicant. Counsel for the applicant asks me to find that it imposes upon the visa officer the obligation to assess alternate occupations inherent in the applicant"s work experience, whether the applicant puts them forward or not. I am not prepared to go that far, but I do find that it puts beyond question the responsibility of the visa officer to do so where, as here, the applicant seeks it by designating alternate occupations in the application.

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