October 17, 2013

Mr. Bellissimo and Ms. Roth argued Qin Qin v. The Minister of Citizenship and Immigration at the Federal Court of Appeal

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Posted by Fabiola Arevalo - Bellissimo Law Group PC

Today, Mario D. Bellissimo and Erin C. Roth argued the case Qin Qin v. The Minister of Citizenship and Immigration Canada  before the Federal Court of Appeal. A decision is expected shortly.

FACTS

  • The applicant is a citizen of China, who earned a Bachelor of Arts degree from York University.
  • She obtained a three-year temporary resident permit and was employed by a small law firm in Toronto, where she carried out administrative duties and assisted with translation and interpretation
  • She applied for permanent resident status under the CEC program
  • Citizenship and Immigration Canada refused the application, holding that she lacked the requisite experience to qualify for admission.
  • The officer found that the applicant’s salary was significantly lower than the minimum salary applicable in Toronto for legal administrative assistants and translators
  • The officer held that the applicant did not demonstrate that she carried out more than one of the main duties of the NOC Code 1242 position and thus lacked experience in that position.

 

ISSUES

1) What standard of review is applicable to the various errors alleged;

2) Should portions of the officer’s affidavit be struck;

3) Was the officer entitled to consider comparable wage information from the HRSDC website in his assessment; and

4) Was the officer required to disclose to the applicant that he was considering the HRSDC wage data.

Click here to read the decision

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