Federal Court



Notes in file did not enable court to understand line of reasoning

Application for judicial review of decision by Citizenship and Immigration Canada service delivery agent refusing, at pre-qualification stage, applicant’s application for permanent residence under federal skilled worker class on ground that she did not meet requirements of s. 75(2) of immigration and refugee protection regulations. Applicant was citizen of Kingdom of Morocco. Applicant was physician with specialization in oncology. Agent concluded that applicant failed to establish that she held occupation of specialist physician corresponding or occupation of general practitioner and family physician. Application was categorized ineligible for processing. Application granted. Agent’s decision was set aside, and matter was referred back to Citizenship and Immigration Canada for reconsideration by another agent. Agent’s decision was unreasonable in every respect. Notes in file did not enable court to understand agent’s line of reasoning. Affidavit provided no further justification for impugned decision. It was clear that applicant was experienced physician.

Taleb v. Canada (Minister of Citizenship and Immigration)

(Apr. 3, 2012, F.C., Martineau J., File No. IMM-5394-11) 217 A.C.W.S. (3d) 163 (18 pp.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

The Law Society of Ontario is in the midst of a major overhaul of the role of paralegals in family law — and a proposal on the issue could become an imminent issue for the regulator’s newly elected benchers. Do you agree with widening the scope of family law matters that paralegals can address?