The applicant sought judicial review of a visa officer's refusal of her application for a work permit as a live-in caregiver.
The officer doubted the genuineness of the employment offer based on the prospective employers' limited financial resources but did not provide the applicant with prior notice of this concern before her interview.
The Federal Court held that the decision was procedurally unfair because the applicant was not given a meaningful opportunity to address the officer's subjective concerns regarding the employers' financial ability to pay her salary.
The application for judicial review was allowed and the matter remitted for redetermination.