Towsif v. Canada (Citizenship and Immigration), 2026 FC 1137 : Work Permit Refusal Upheld Where Applicant Failed to Demonstrate Ability to Perform All NOC Cook Duties

The Federal Court dismissed the Applicant’s judicial review of a work permit refusal for an LMIA-supported position as an Ethnic Food Cook. Although the Applicant had an approved LMIA and provided evidence of previous cooking experience, the Officer was not satisfied that he had demonstrated the ability to perform the full range of duties associated with NOC 63200 – Cooks. The Court found the Officer’s assessment reasonable.

Key Principle

An approved LMIA does not bind a visa officer when assessing a work permit application. The Officer must independently determine whether the applicant satisfies the requirements of the position, including whether the applicant can adequately perform the duties of the offered employment under IRPR 200(3). The applicant bears the onus of providing complete, convincing, and unambiguous evidence demonstrating their qualifications and ability to perform the proposed work.

Background

The Applicant, a citizen of Bangladesh, applied for a work permit to work as an Ethnic Food Cook following ESDC’s approval of an LMIA under NOC 63200. The NOC included duties such as preparing meals, planning menus, maintaining inventory, supervising and training kitchen staff, hiring staff, and managing kitchen operations.

The Applicant’s CV stated that he had approximately two years of experience as a line cook and experience as a chef. He identified skills including cooking techniques, plating, recipe development, sanitation and safety, knife skills, endurance, and managing multiple orders. However, his application did not clearly establish experience with several management-related duties required by the NOC.

The Officer ultimately found insufficient evidence that the Applicant was qualified to manage kitchen operations, hire and train staff, maintain inventory, and perform the other responsibilities associated with the position. The work permit was refused under IRPR 200(3).

Court Findings

• LMIA Approval Was Not Determinative: The parties agreed that the LMIA approval was not binding on the Officer. The Officer retained an independent obligation to assess whether the Applicant could perform the proposed employment.

• Insufficient Evidence of Relevant Experience: The Court found that the record did not establish experience maintaining inventory or hiring and training staff. The CV was also silent regarding kitchen management. Even the additional hotel reference letter, assuming it was properly before the Officer, primarily described personal qualities and general cooking abilities rather than demonstrating the specific NOC competencies required.

• Inaccurate Statement Did Not Undermine the Decision: The Officer incorrectly stated that there was “no work experience in the field.” The Court acknowledged this was inaccurate, but held that the error was not determinative because the Officer’s detailed reasoning addressed why the evidence nevertheless failed to establish the ability to perform all required duties.

• No Reweighing on Judicial Review: The Applicant essentially asked the Court to reassess the sufficiency and weight of the evidence. The Court emphasized that judicial review does not permit it to substitute its assessment for that of the Officer where the decision follows a clear and rational chain of reasoning.

Outcome

The Court found the Officer’s decision reasonable, intelligible, transparent, and justified. The application for judicial review was dismissed, and no question was certified.

Key Takeaway: Towsif case confirms that an approved LMIA does not guarantee a work permit. An applicant must independently demonstrate that their education, training, and experience enable them to perform the duties of the proposed occupation, and a minor factual error will not invalidate a refusal where the overall reasoning remains reasonable.

Case Citation:
Towsif v. Canada (Citizenship and Immigration), 2026 FC 1137 (CanLII)