Judicial review dismissed; refusal of permanent residency application and reconsideration request was reasonable and procedurally fair.
The applicant sought judicial review of the refusal of her permanent residency application under the Canadian Experience Class and the subsequent refusal to reconsider that decision.
The Officer raised concerns about the credibility of her declared work experience as a dispatch supervisor, which were not alleviated by the applicant's response to a procedural fairness letter.
The Federal Court dismissed the application, finding that the Officer reasonably concluded the applicant's business education did not provide the necessary skills, and that there was no breach of procedural fairness in the process or in refusing to interview the applicant.
The refusal to reopen the application was also found to be reasonable.
Judicial review granted where officer unreasonably relied solely on past USA deportation to refuse work permit.
The applicant sought judicial review of an officer's refusal of an open work permit.
The officer concluded the applicant would not leave Canada at the end of his stay based solely on his past deportation from the USA, where he had made an unsuccessful refugee claim.
The Court found the decision unreasonable because the officer failed to weigh positive factors supporting the application against the past deportation.
The application for judicial review was granted.
Judicial review of work permit refusal and misrepresentation finding dismissed.
The applicant sought judicial review of a decision denying his work permit application and finding him inadmissible to Canada for five years for misrepresentation.
The officer found the applicant's job offer was not genuine.
The Federal Court dismissed the application, finding the officer's conclusion reasonable based on the record and that the innocent mistake exception did not apply.
Judicial review dismissed; officer reasonably found misrepresentation and submission of fabricated employment documents.
The applicant sought judicial review of a decision rejecting his work permit application and finding him inadmissible to Canada for misrepresentation under s. 40(1)(a) of the Immigration and Refugee Protection Act.
Discrepancies were found between his current and previous applications regarding his employment history.
The applicant claimed these errors were due to an incompetent representative who failed to withdraw a previous application.
The Federal Court dismissed the application, finding no breach of procedural fairness and concluding that the officer reasonably found the applicant submitted non-genuine documents and fabricated his work history.
The tripartite test for incompetent representation was not met, and the innocent mistake exception did not apply.
