Carrero v. Canada (Citizenshp and Immigration), 2021 FC 188 : Federal Court Finds Quebec Skilled Worker Refusal Unreasonable After Officer Misread Applicant’s Intentions and Decided Before Receiving Provincial Response

The Federal Court reviewed IRCC’s refusal of David Alfonzo Blanco Carrero’s permanent residence application under the Quebec Skilled Worker Class. The officer concluded that he no longer intended to reside in Quebec because he had expressed willingness to consider another province if necessary to reunite with his daughter. The Court granted judicial review, finding that the officer misread the record, relied on inaccurate assumptions about the daughter’s Quebec selection certificate, and decided the application before receiving information requested from Quebec authorities.

Key Principle

An officer cannot transform an applicant’s willingness to consider alternative immigration options into a firm intention to abandon the province of selection where the evidence shows continued efforts to settle there. Procedural fairness is also breached where an officer requests material information from another authority but decides before receiving the response.

Background

The  applicant, a Venezuelan citizen, arrived in Montreal in 2008 as a diplomatic representative and obtained a Certificat de sélection du Québec in 2010. He applied for permanent residence under Quebec’s Skilled Worker program in 2011 with his then common-law partner and daughter.

During processing, the applicant separated from his partner, his CSQ expired, and his daughter’s study permit was refused. He later sought a new joint CSQ with his daughter. Before Quebec completed that process, Bill 9 resulted in the cancellation and deletion of his provincial file.

In July 2019, counsel advised IRCC that the applicant still sought to comply with Quebec’s requirements but, as a last resort, would consider another province if necessary to reunite with his daughter. The officer treated this as evidence that he lacked an intention to remain in Quebec.

Court Findings

• Intention to Reside in Quebec Was Misinterpreted

The applicant continued attempting to satisfy Quebec’s requirements and had not decided to settle elsewhere. His willingness to relocate only if necessary was an attempt to resolve a difficult immigration situation, not proof that he lacked an intention to reside in Quebec.

• Officer Relied on Incorrect Assumptions About the Daughter’s CSQ

The officer believed the daughter’s CSQ had been refused for financial reasons. Quebec later confirmed that the application had not been refused on that basis and had instead been cancelled when Bill 9 terminated the file before a final decision. The decision therefore rested on a factual premise contradicted by the provincial record.

• Decision Was Made Before Requested Information Arrived

The officer contacted Quebec authorities on August 20, 2019 for clarification but refused the application on September 3, one day before receiving Quebec’s response. The Court found this unreasonable and procedurally unfair. The officer also failed to properly consider the humanitarian and compassionate request, particularly the distinction between cancellation by operation of law and a finding that the applicant failed Quebec’s selection criteria.

Outcome

The Federal Court granted judicial review and quashed the September 3, 2019 refusal. The Court found both unreasonableness and a breach of procedural fairness. The issue of the appropriate remedy was left for further submissions unless resolved by the parties. No question was certified at that stage.

Case Citation:

Carrero v. Canada (Citizenshp and Immigration), 2021 FC 188 (CanLII)