Applicant failing to provide qualifying offer of arranged employment not granted residence

Federal court | Immigration and Citizenship | Admission | Application for temporary resident or immigrant visa

Foreign national (FN) was citizen of India who was working in Canada as web designer under post-graduate work permit. FN applied for permanent residence under federal skilled worker program on basis that he had qualifying offer of arranged employment. Immigration officer refusing application on basis that FN did not provide qualifying offer of permanent employment. FN brought application for judicial review. Application dismissed. There was no obligation on officer to provide FN with opportunity to address concerns of officer when supporting documents were incomplete, unclear, or insufficient to satisfy officer that FN met all requirements that stemmed from Immigration and Refugee Protection Regulations. While duty of procedural fairness required officer to alert FN of any concerns officer might have about credibility, veracity, or authenticity of documents, there was nothing in record suggesting officer had any concerns about genuineness of application. There was distinction between disregarding evidence due to doubts as to its genuineness or reliability and finding evidence was insufficient to prove fact on balance of probabilities. In this matter, officer found documents submitted were insufficient to prove FN had qualifying offer of employment for indeterminate period. Doctrine of legitimate expectations had no application in present case since issue was not incompleteness of application about which FN should have been advised but rather sufficiency of evidence in otherwise complete application.

Singh v. Canada (Minister of Citizenship and Immigration) (2017), 2017 CarswellNat 655, 2017 FC 266, Cecily Y. Strickland J. (F.C.).

 

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Liberal MPP’s bill aims to ‘depoliticize’ and clear backlog from Ontario’s tribunal system

Ontario Superior Court awards damages after real estate deals fail due to broker's conflicting roles

Ontario Superior Court rejects jury trial in motor vehicle accident case due to procedural delays

Court of Appeal addresses wrongful conviction risk in 'Mr. Big' police stings

Empathy, human connection, and creativity separate lawyers from AI systems, says Tara Vasdani

Karen Perron named as associate justice of the Ontario Superior Court of Justice

Most Read Articles

School boards' lawyer suing social media platforms hopes trial reveals inner workings of algorithms

Court of Appeal addresses wrongful conviction risk in 'Mr. Big' police stings

Karen Perron named as associate justice of the Ontario Superior Court of Justice

Ontario Superior Court upholds human rights tribunal's authority over workplace disputes