Q & A: Imported Requirements?
Q. I have been working for an international company in China as an Executive Secretary for 4 years. I have two university degrees, one is English and one is International business. I applied under the category of Executive Secretary. During my interview, the officer told me that I had to have some formal secretary training in order to qualify and I was rejected. She said there were court cases to support her decision. Of course, I was very disappointed. Were there really some court cases to support her decision? Do I have a chance if I really go to court for such a situation. Appreciate much if anyone could give me some hints. If any lawyers could provide service for this case, pls tell me the service fee required and the chance for success (and the appeal time required).
Answer: There have been court cases suggesting that training as a secretary may be required in order to qualify as such. These have typically been in cases where the applicant did not have formal education that suggested an ability to perform this work otherwise.
There have also been numerous court cases which suggest that visa officials cannot import eligibility requirements not specifically outlined in the Regulations, or the CCDO. I am not familiar with any cases to this effect concerning the NOC given the relative recency of its implementation.
This would appear to be a clear situation of imported requirements. Unfortunately, an appeal would have to have been filed shortly after the receipt of the refusal notice. The implementation of the NOC has also substantially decreased the likelihood of a secretary succeeding in meeting the minimum point requirement.