Q & A: Imported Requirements?

author avatar
CIC News
Published: December 1, 1997

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.

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Top Stories
Canada announces $100M in scholarships for Indian students under new education measures
Express Entry candidates with provincial nominations invited in latest draw
Second intake window for Saskatchewan’s Nominee Program has opened for applications
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Provinces
Second intake window for Saskatchewan’s Nominee Program has opened for applications
Aerial view of the Central Business District which is Saskatoon's bustling neighbourhood of downtown living and business development.
Quebec invites over 2,500 skilled workers to apply for permanent selection
A group of skiers going downhill at mount tremblant.
Alberta issues hundreds of invitations to foreign workers across two AAIP draws
A view of Calgary during the winter time.
Manitoba issues more invitations to foreign workers in latest immigration draw
A view of Winnipeg in the winter time.
Link copied to clipboard