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Judicial review dismissed as officer lacked discretion to waive mandatory TR to PR language requirements.
The applicant applied for judicial review of a decision refusing his application for permanent residence under the Temporary Resident to Permanent Resident Pathway.
His application was refused because he failed to submit language proficiency test results before the intake cap of 40,000 applications was reached.
The applicant argued the officer unreasonably failed to consider the exigent circumstances of the pandemic that prevented him from taking the test earlier.
The Federal Court dismissed the application, holding that the officer did not have discretion to ignore or waive the mandatory eligibility requirements of the public policy.
