Aurangzaib v. Canada (Citizenship and Immigration), 2025 FC 554 : Work Permit Refusal Set Aside After Officer Made an Adverse Credibility Finding Without Giving the Applicant an Opportunity to Respond

The Federal Court reviewed IRCC’s refusal of Muhammad Aurangzaib’s employer-specific work permit application under the Temporary Foreign Worker Program. The applicant, a practising lawyer from Pakistan, had received a job offer from a Mississauga law firm to work as a law clerk. The officer refused the application after questioning his temporary intent, employment prospects, financial establishment, qualifications, and credibility. The Court granted judicial review because the officer relied on perceived inconsistencies in the applicant’s employment history without giving him an opportunity to respond.

 Key Principle

Although work permit applicants are generally owed a low level of procedural fairness, an officer must provide an opportunity to respond before making an adverse credibility finding. Officers are not required to identify every weakness in an application or request clarification about insufficient evidence. However, when an officer concludes that inconsistencies diminish an applicant’s overall credibility, procedural fairness requires notice of the concern and a meaningful chance to explain it.

Background

The applicant practised law in Pakistan. A Canadian law firm offered him employment as a law clerk and obtained a positive Labour Market Impact Assessment. The applicant then applied for a closed work permit. His spouse applied for an open work permit, and their four children applied for study permits.

The officer refused the applications because the applicant had not established that he would leave Canada at the end of his authorized stay. The refusal relied on four concerns: the purpose of the visit was inconsistent with a temporary stay, the applicant had limited employment possibilities in Pakistan, his existing employment did not demonstrate financial establishment, and he had not shown that he could adequately perform the proposed work.

The GCMS notes also compared information from the applicant’s earlier temporary resident visa applications with his work permit application. The officer found inconsistencies concerning his employment with Techverx and Zaib Law Firm and concluded that these differences diminished his overall credibility.

Court Findings

• Credibility Concern Required Notice

The officer did more than find that the evidence was insufficient. The officer expressly concluded that inconsistent employment information reduced the applicant’s credibility. This triggered a duty to give the applicant an opportunity to respond.

• Applicant Was Not Given a Fair Opportunity

IRCC did not send a procedural fairness letter or otherwise invite the applicant to explain the apparent differences in his employment history before refusing the application.

• Low Procedural Fairness Standard Did Not Remove the Duty

The Court confirmed that officers need not provide applicants with a running assessment of weaknesses or seek clarification about every deficiency. However, the duty is different when credibility is questioned.

• Error Was Determinative

The failure to provide notice before making the adverse credibility finding was sufficient on its own to set aside the refusal. The Court did not need to determine whether the officer’s other concerns were reasonable.

Outcome

The Federal Court granted judicial review, set aside the November 29, 2023 refusal, and returned the matter to a different officer for redetermination. The applicant must be given an opportunity to address any concerns about his employment history. No question was certified.

Case Citation:

Aurangzaib v. Canada (Citizenship and Immigration), 2025 FC 554 (CanLII)