The applicant, a citizen of India working as a truck driver in the UAE, applied for a work permit under the Temporary Foreign Worker Program to work for Neptune Freightways in British Columbia.
An officer refused the application, doubting the applicant would leave Canada and questioning the genuineness of the employment offer due to concerns about the employer's capacity to hire 12 foreign workers.
On judicial review, the Federal Court held the decision was unreasonable because it was impossible to understand the officer's reasoning on the critical point of the employer's capacity, given evidence that the employer operated trucks 24 hours a day with two drivers per truck.
The application for judicial review was allowed.
