Zamani v. Canada (Citizenship and Immigration) 2023 FC 19
In the case of Zamani v. Canada (Citizenship and Immigration) in 2023, the honorable Madam Justice Furlanetto made a significant ruling regarding the approval of Intra-Company Transferee status. The court concluded that obtaining this status inherently implies the existence of a qualifying employer-employee relationship. This determination is in line with the guidelines set forth by the Immigration, Refugees and Citizenship Canada (IRCC), which explicitly state that the pivotal factor in establishing such a relationship is the employer’s authority to direct and govern the employee’s work.
Furthermore, Justice Furlanetto’s ruling emphasized the importance for visa officers under the Canadian Experience Class (CEC) to take into account the previous decision made by another officer regarding an individual’s compliance with this requirement during their work permit application. It is crucial for the visa officer to acknowledge and consider the previous determination that the individual satisfied the qualifying employer-employee relationship when subsequently assessing their eligibility for self-employment under the CEC. This ruling highlights the significance of consistency and due diligence in the immigration process and reinforces the value of prior decisions in the evaluation of an individual’s immigration status.