Lee v. Canada (Minister of Citizenship and Immigration) 2012 FCA 54
Aliens - Admission - Immigrants - Application for admission - Immigrant visa - Units of assessment - Education
Lee, a citizen of the Philippines, applied to become a permanent resident of Canada under the federal skilled worker class. A visa officer awarded him only 65 out of the required 67 points and thus rejected his application. Lee applied for judicial review.
The Federal Court dismissed the application, but certified a question for appellate consideration respecting educational points:
“In assessing points for education under section 78 of the Immigration and Refugee Protection Regulations, does the visa officer award points for years of full-time or full-time equivalent studies that did not contribute to obtaining the educational credential being assessed?”
The Federal Court of Appeal answered the certified question in the negative and dismissed the appeal.