Judicial review granted where permanent residence refusal was based on unreceived procedural fairness letter.
The applicant sought judicial review of a decision refusing her application for permanent residence under the Start-up Business Class.
The decision was based on her failure to respond to a procedural fairness letter.
The Court found no evidence the letter was actually sent to the applicant's representative.
The Court held the refusal breached procedural fairness and was unreasonable because it relied on a fact that did not exist in the record.
The application for judicial review was granted.
Judicial review dismissed; refusal of permanent residency application and reconsideration request was reasonable and procedurally fair.
The applicant sought judicial review of the refusal of her permanent residency application under the Canadian Experience Class and the subsequent refusal to reconsider that decision.
The Officer raised concerns about the credibility of her declared work experience as a dispatch supervisor, which were not alleviated by the applicant's response to a procedural fairness letter.
The Federal Court dismissed the application, finding that the Officer reasonably concluded the applicant's business education did not provide the necessary skills, and that there was no breach of procedural fairness in the process or in refusing to interview the applicant.
The refusal to reopen the application was also found to be reasonable.
Judicial review of work permit and restoration refusal dismissed; applicants left Canada during processing.
The applicants sought judicial review of a decision refusing their applications to restore temporary resident status and issue work permits, and finding the principal applicant inadmissible under s. 41 of the IRPA.
The applicants had left Canada while their restoration applications were pending, rendering them ineligible.
The officer also identified concerns regarding the genuineness of the principal applicant's job offer and LMIA, which were not addressed after a procedural fairness letter was sent.
The Federal Court dismissed the application, holding the decision was reasonable and there was no breach of procedural fairness.
