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Judicial review of work permit denial allowed due to unreasonable assessment of specialized knowledge.
The applicant sought judicial review of a decision denying his work permit application as an intra-company transferee under the International Mobility Program.
The visa officer found that the applicant had not demonstrated specialized knowledge.
The Federal Court allowed the application for judicial review, finding the officer's decision unreasonable because the officer failed to explain why the applicant did not establish proprietary knowledge and advanced expertise, and because the officer applied an arbitrary standard requiring the applicant to have developed or extensively customized the proprietary tools.