Judicial review of work permit refusal allowed as officer failed to consider strong home-country ties.
The applicant sought judicial review of an immigration officer's decision refusing his work permit application to work as a farm labourer.
The officer found it unreasonable that the applicant would leave his stable government job in India to work for minimum wage in Canada, and was not satisfied he would leave at the end of his stay.
The Federal Court allowed the application, finding that the officer unreasonably failed to engage with evidence of the applicant's strong family, financial, and farming ties in India.
The matter was remitted to a different officer for redetermination.
Judicial review of work permit refusal dismissed; officer reasonably assessed English proficiency and ties to home country.
The applicant sought judicial review of a visa officer's refusal of his work permit application to work as a long haul truck driver in Canada under the Temporary Foreign Worker Program.
The officer refused the application on the grounds that the applicant had not demonstrated sufficient English language proficiency for the position and had not established he would leave Canada at the end of his authorized stay due to his economic ties.
The Federal Court found the officer's decision reasonable and supported by the evidence.
The Court also held there was no breach of procedural fairness, as the officer was not required to provide the applicant an opportunity to respond to concerns regarding the sufficiency of his application where credibility was not in issue.
The application for judicial review was dismissed.
