Singh v. Canada (Citizenship and Immigration), FC 215
In this court case, Simranpreet Singh, a 29-year-old citizen of India, sought judicial review of a decision by a visa officer who refused his work permit application under the Temporary Foreign Worker Program in Canada. The visa officer based the refusal on two grounds: the applicant’s alleged lack of sufficient experience to perform the job of Logistics Supervisor and concerns about the applicant’s intention to leave Canada after his authorized stay. The court found the officer’s decision to be unreasonable for two main reasons. Firstly, the officer failed to justify why he believed the applicant would not leave Canada after his stay. Secondly, the officer’s conclusion that the applicant lacked sufficient experience was deemed unreasonable, as the evidence provided by the applicant, including educational documents, work experience letters, and reference letters from reputable sources in New Zealand, clearly demonstrated his ability to perform the job. As a result, the court granted the applicant’s judicial review application and returned the matter for reconsideration by another officer. The court found no need to rule on the issue of procedural unfairness.