On July 24, 2024, the Honourable Justice Battista rendered a positive decision in the case of Singh v. Canada (Citizenship and Immigration), 2024 FC 1165. The Applicant was represented at the hearing by Peter Salerno of Green and Spiegel LLP.
In this case, an immigration officer refused the client’s application for a work permit for two reasons. First, the officer believed the client had not met the educational requirements for the proposed job in Canada. More specifically, the officer wanted to see proof the Applicant had completed secondary school, and no such evidence was included in the application for a work permit. The Court found this was unreasonable as proof of completing secondary school is an optional education requirement listed under the applicable National Occupational Classification (NOC).
The officer’s second basis to refuse the Applicant’s application for a work permit was “due to the absence of evidence that the Applicant had sufficient English language skills to perform the duties required”. Fluency in English was a requirement for the position in Canada. The Officer erroneously concluded standardized language tests were required to prove fluency in English and moreover ignored an “array of other evidence” that was included in his application for a work permit that demonstrated his English proficiency. This evidence included proof of successfully completing Ontario education in English, a letter from his prospective Ontario employer verifying his ability to interpret instructions and perform the job, and the Applicant’s acquisition of an Ontario driver’s licence.
Due to these issues, the Federal Court set aside the officer’s refusal and ordered a different officer to redetermine his application for a work permit.
This decision is significant because it provides guidance from the Federal Court that immigration officers cannot treat non-mandatory requirements under NOC job descriptions as mandatory requirements. Additionally, the Federal Court confirmed that officers cannot arbitrarily impose a strict requirement for standardized language tests and ignore evidence of English language proficiency.
If you have experienced a refusal of an application for a work permit or any other immigration application, you may wish to schedule a consultation at Green and Spiegel LLP to determine how best to respond.
