The applicant sought judicial review of a decision refusing a positive Labour Market Impact Assessment (LMIA) for a food service supervisor position.
The officer concluded the applicant failed to demonstrate reasonable efforts to hire Canadians because advertising did not target underrepresented groups as required by ESDC guidelines.
The Federal Court held the officer unlawfully fettered her discretion by applying the non-binding Program Requirements as if they were mandatory law, without considering whether the cumulative recruitment efforts otherwise met the regulatory requirement.
The application for judicial review was allowed.
