Patel v. Canada

July 26, 2011

Canadian Immigration News: Canadian Court Ruling & Implications for the Federal Skilled Worker Category

A recent ruling of the Federal Court of Appeal, Patel v. Canada (Minister of Citizenship and Immigration), has clarified Canadian immigration law in regards to the points awarded to Federal Skilled Worker applications.

In his application Mr. Patel had claimed five points for adaptability as a result of completing two years of post-secondary study in Canada. Mr. Patel had completed three full-time semesters at a Canadian career college and obtained a diploma in international business management. In addition to the degree Mr. Patel completed one semester as a full-time student studying computer systems technology; however he did not obtain a degree. The visa officer that initially assessed his application did not credit his application with the five points for adaptability and refused the application as it did not meet the threshold eligibility requirements.

Mr. Patel appealed the visa officer’s assessment of his application and the matter was submitted to the Federal Court. Initially the Federal Court agreed with Mr. Patel and interpreted the Canadian immigration rules to allow an applicant to claim adaptability points for full-time attendance in multiple academic programs that amounted to a total of two years. The decision was appealed and the Federal Court of Appeal ruled that the initial assessment done by the visa officer was correct. In order to qualify for the adaptability points the applicant must submit evidence of study at a (ie one) post-secondary Canadian institution in a program of full-time study of at least two years length. Despite his success at the Federal Court the refusal of Mr. Patel’s application was eventually upheld at the Federal Court of Appeal.

Eligibility assessments can become complicated matters, as it is not always clear whether a specific applicant will be provided with all the points claimed on any application. The final decision as to how many points should be credited to an application is always up to the visa office. While appeals can, in some cases, overturn the final decision of a visa officer the length of time and amount of resources involved in an appeal ensures that a new application may be a more convenient option.

The importance of assessments for immigration eligibility ensures that they should be done by a team of dedicated professionals.To have FW Canada assess your eligibility for Canadian Immigration please visit the following link:

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