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Judicial review of work permit refusal dismissed; no breach of procedural fairness from excluding counsel, and decision reasonable.
The applicant sought judicial review of a decision refusing his work permit application under the Temporary Foreign Worker Program.
The visa officer concluded the applicant would not leave Canada at the end of his authorized stay, citing evasive answers, contradictory statements, and insufficient evidence of his farming experience during an interview.
The applicant argued procedural fairness was breached when the officer refused to allow his counsel to attend the interview and when he was allegedly prevented from providing evidence.
The Federal Court held a preliminary admissibility analysis on eight affidavits filed by the parties.
On the merits, the Court found no breach of procedural fairness; the officer mistakenly believed counsel was not authorized, but the applicant failed to show her presence would have made a difference, and he was not prevented from submitting his own documents.
The Court further found the officer's decision reasonable, as it was open to her to test his knowledge and find it lacking.
The application for judicial review was dismissed.
