Federal Court


Immigration

INADMISSIBLE AND REMOVABLE CLASSES
Officer’s conclusion applicant misrepresented work history was unreasonable

Applicant applied for permanent residence based on experience as chef in country of origin. Applicant was denied permanent residence. Officer found applicant misrepresented restaurant experience and found applicant inadmissible. Application for judicial review was allowed. Officer gave applicant fair opportunity to address concerns about employment history. Officer’s treatment of response was unreasonable and conclusion applicant misrepresented work history was unreasonable. Officer’s refusal to consider documents confirming employment record was based on assumption applicant obtained false documents by orchestrating elaborate fraud involving others on short notice.

Yuan v. Canada (Minister of Citizenship and Immigration) (Mar. 12, 2013, F.C., James W. O’Reilly J., File No. IMM-4073-12) 226 A.C.W.S. (3d) 825.

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