Possibility of contribution by applicant’s spouse and support of family in Saskatchewan were considered by officer

Applicant was accepted for for permanent residence as member of provincial nominee class. Visa officer rejected application based on concerns about applicant’s ability to support family given level of English skills. Officer also found job offer was below low income cut-off (LICO) and would not be enough to support applicant and her family. Applicant sought judicial review of decision. Application dismissed. Immigration and Refugee Protection Regulations clear that no rights or expectations accrue until application process including possibility of substituted evaluation if officer concludes provincial certificate not sufficient indicator has run its course and final decision rendered. Reference to LICO figure was not to posit income required to satisfy officer; it was to point out level of economic establishment that different and higher level of income would support. Decision clear that applicant’s financial resources were noted, considered, taken into account and weighed against likely income from proposed business venture. Possibility of contribution by applicant’s spouse and support of family in Saskatchewan were considered by officer. Officer’s analysis was intelligible, justified and transparent, not at odds with IRCC’s requirements, and did not fail to consider whether applicant would become familiar with work environment within reasonable length of time.

Nisreen v. Canada (Citizenship and Immigration) (2018), 2018 CarswellNat 1947, 2018 CarswellNat 2305, 2018 FC 469, 2018 CF 469, James Russell J. (F.C.).