Canada Immigration Caselaw, Singh v. Canada, IMMIGRATION — Selection and admission — Permanent residence applications

Editorial Canada Immigration, Caselaws, Permanent residence applications, Selection and admission 987 Comments


Judgement of this Case, Click Here!

IMMIGRATION — Selection and admission — Permanent residence applications — Foreign national was citizen of UK who applied for permanent residence and submitted arranged employment opinion — Arranged employment opinion was based on offer of employment from jewellery store in British Columbia, offering foreign national position as jewellery appraiser — Store was owned by foreign national’s father-in-law — Officer sent foreign national procedural fairness letter indicating that foreign national had not provided objective or credible evidence of his experience and indicating concern that that job offer was not genuine because of foreign national’s family connections to employer — Officer also found that duties set out in arranged employment opinion were of complexity that appeared not to be commensurate with foreign national’s education and experience — Officer assigned zero points to arranged employment category and zero points to experience category with result that foreign national did not meet 57 points required for positive decision — Foreign national applied for judicial review — Application dismissed — Procedural fairness letter raised officer’s concerns and foreign national was given meaningful opportunity to respond with additional objective evidence — Foreign national failed to take advantage of this opportunity — There was no requirement for officer to hold interview nor was officer required to follow up and make inquiries with former employer or proposed employer about foreign national’s experience and qualifications — Foreign national merely submitted brief letter re-asserting that he had experience and that offer was real, which officer reasonably found not to address his concerns — It would not be consistent with reasonable employment needs of employer in specialized area, such as jewellery business, to offer employment to person who had not provided objective evidence of their qualifications and experience and whose personal connection to business owner appeared to be higher priority than objective and legitimate needs of employer and business owner for qualified jewellery appraiser — Officer’s finding that job offer was not genuine fell within range of reasonable outcomes

Singh v. Canada (Minister of Citizenship and Immigration) (May 6, 2016, Catherine M. Kane J., Federal Court) 266 A.C.W.S. (3d) 947

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