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
Newfoundland and Labrador’s second May draw sees over 180+ candidates invited
Proof of Canadian citizenship applicants from abroad face easier completeness check under new rules
Canada clarifies rules for LMIA-exempt work permits under WTO trade agreement
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Work
Canada clarifies rules for LMIA-exempt work permits under WTO trade agreement
A group of bank workers meet a new trade-in service worker who has come to fulfil a purchase for them.
Canada doubles length of work authorization support letters for workers on maintained status
A close-up of a Canadian work permit.
New measures provide work permits for CSQ applicants
Two colleagues giving one another a high-five across a table.
Nova Scotia and Quebec first to ease rural work permit access under new temporary policy
Sunset nears on a autumn day in rural Cape Breton, NS, Canada
Link copied to clipboard