Does a preliminary determination that a prospective immigrant is not qualified in his or her occupation constitute an assessment?

Canada (Federal), Canada

The following excerpt is from Khalaque v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 16198 (FC):

In reaching his carefully considered opinion in Issaeva v. Canada, Rothstein J. considers earlier decisions which suggest that, if a visa officer makes a preliminary determination that a prospective immigrant is not qualified in his or her claimed occupation, there is no need to conduct an assessment with respect of that occupation, or that such determination constitutes an assessment. However, I also agree with Rothstein J.'s opinion at paragraph 11 that Uy v. Canada is a binding authority which requires that an assessment in accordance with the Immigration Act and Regulations be made with respect to a proposed immigrant's claimed occupation. ORDER

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