Judicial review of work permit refusal dismissed as immigration officer's decision was reasonable.
The applicant, an Iranian citizen, sought judicial review of an immigration officer's refusal of his work permit application under the International Mobility Program (C11 exemption) to sell medical equipment in Canada.
The officer refused the application on several grounds, including failure to demonstrate the stay would be temporary, contradictory business plan details, insufficient evidence of significant economic benefit to Canada, and inadequate English language abilities.
The Federal Court found the officer's decision reasonable, transparent, and justified, dismissing the judicial review.
Judicial review granted where officer ignored contradictory evidence and relied on undisclosed extrinsic evidence.
The applicant sought judicial review of a decision denying her a work permit as a live-in domestic housekeeper.
The visa officer had concerns that the applicant was attempting to circumvent Ministerial Instructions regarding caregivers, finding the job offer was not genuine and that she would not leave Canada at the end of her stay.
The Federal Court found the decision unreasonable because the officer failed to analyze new evidence submitted by the applicant that contradicted the officer's findings.
The Court also held the officer breached procedural fairness by relying on undisclosed extrinsic evidence comparing the applicant's contract to other caregiver programs.
The application for judicial review was granted.
Mandamus granted compelling decision on permanent residence application delayed 45 months for unjustified security screening.
The applicant sought an order of mandamus compelling the processing of his permanent residence application under the Ontario Provincial Nominee Program.
The application had been pending for approximately 45 months, significantly exceeding typical processing times.
The respondent attributed the delay to ongoing security screening but provided no evidence explaining the need for extended screening.
The Federal Court found the delay unreasonable and unjustified, determining that the balance of convenience favoured the applicant.
The Court granted the application and issued a writ of mandamus compelling a decision within 90 days.
