Judicial review granted; IRCC work permit refusal unreasonable for failing to justify family ties finding and ignoring work experience evidence.
The applicant applied for judicial review of an IRCC decision refusing her work permit under the Temporary Foreign Worker Program.
The Officer refused the application on the basis that the applicant had not demonstrated significant family ties outside Canada and had not shown the ability to adequately perform the work due to missing bank statements and tax returns to verify work experience.
The Federal Court granted the application, finding the Officer's decision unreasonable because it failed to account for evidence that the applicant lived with her parents and ignored the full evidentiary record supporting her work experience.
The matter was remitted for redetermination.
Judicial review of temporary resident visa refusal dismissed where officer reasonably found insufficient family ties outside Canada.
The applicant sought judicial review of a visa officer's refusal of his temporary resident visa application.
The officer refused the application finding the applicant had not established significant family ties outside Canada to satisfy the officer he would leave at the end of his authorized stay.
The applicant's counsel failed to appear at the hearing, and the Court proceeded in their absence under Rule 38 of the Federal Courts Rules, relying on the applicant's written submissions.
The Court also declined to consider a statutory declaration that was not before the decision-maker.
The Court found the officer's decision reasonable, noting that the only family member remaining in Iran was the applicant's mother and the officer reasonably concluded the burden to demonstrate intent to leave was not met.
The application for judicial review was dismissed.
