The applicant sought judicial review of a negative Labour Market Impact Assessment (LMIA) which refused an application to hire four full-time foreign food counter attendants.
The LMIA officer determined the applicant failed to make reasonable efforts to hire Canadians because the entry-level wage advertised was below the median wage and they failed to use the JobMatch program.
The Federal Court held the decision was unreasonable as the officer failed to consider the applicant's evidence regarding the actual prevailing wage for entry-level positions and ignored explanations regarding the JobMatch service, thereby fettering their discretion.
The application for judicial review was granted.
