MLB-Slaw Selected Case Summaries

Here you'll find weekly summaries of selected cases provided to Slaw by Maritime Law Book's National Reporter System.

Mar 13

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.

Link to PDF of complete summary

Link to full judgment