2 total
Judicial review of work permit refusal allowed due to unresponsiveness to evidence.
The applicant, a citizen of Venezuela, sought a temporary work permit for a legal administrative assistant position.
A visa officer refused the application, finding she had not demonstrated she met employment requirements and that she would not leave Canada at the end of her authorized stay.
The Federal Court allowed the application for judicial review, finding the decision unreasonable because the officer failed to explain how the applicant's prior experience failed to prepare her for the employment and why the employer's offer was insufficient evidence of her qualifications.
Officer's refusal to defer removal pending criminal sentence appeal was unreasonable.
The applicant, a permanent resident, was found inadmissible for serious criminality after pleading guilty to child luring without being advised of the immigration consequences.
He sought to defer his scheduled removal pending a constitutional challenge to his minimum sentence before the Superior Court of Québec and raised concerns regarding his mental health and suicide risk.
The enforcement officer refused to defer removal.
The Federal Court allowed the application for judicial review, finding the officer unreasonably failed to consider the applicant's right to exhaust his criminal appeal remedies, which if successful could impact his immigration status.
