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Judicial review granted; visa officer's refusal based on unproven use of unauthorized representative deemed unreasonable.
The applicant sought judicial review of a visa officer's decision refusing her permanent residence application under the Federal Skilled Worker program.
The officer concluded that the applicant had failed to disclose her use of an unauthorized representative (a ghost consultant) and was therefore untruthful.
The Federal Court found no breach of procedural fairness regarding the interview process.
However, the Court held the decision was unreasonable because the officer failed to justify the conclusion that the applicant was lying, especially given her undisputed professional and language abilities, and the lack of conclusive evidence that the consultant provided services beyond translation and logistics.
The application was granted and the matter remitted for redetermination.
