Chaudhry v. Canada (Citizenship and Immigration), 2015 FC 1072 : Provincial Nominee Refusal Upheld Where Federal Officer Found Language Skills Insufficient for Economic Establishment

The Federal Court reviewed the refusal of a Saskatchewan Provincial Nominee application.

Although Saskatchewan had nominated the applicant and continued to support his application, the federal visa officer was not satisfied that his English language ability was sufficient for him to become economically established in Canada.

The Court upheld the refusal.

Key Principle

A provincial nomination is important evidence, but it is not binding on the federal visa officer.

A federal officer may substitute their own assessment of an applicant’s ability to become economically established, provided the required consultation with the province and second-officer concurrence occur.

The officer may focus on the applicant’s intended occupation when assessing economic establishment, particularly where the applicant has not identified a realistic alternative occupation.

Background

The applicant was a Pakistani citizen with many years of experience operating a computer hardware resale business.

He was nominated by Saskatchewan for the occupation of Retail Trade Manager.

Although his IELTS results exceeded Saskatchewan’s minimum general language requirements, the High Commission raised concerns that his language ability might not be sufficient to perform the duties of a Retail Trade Manager.

Saskatchewan maintained its support for the nomination, but the visa officer remained unconvinced.

Court Findings

The Federal Court found that the officer had adequately considered Saskatchewan’s position but was not required to accept it.

The officer reasonably concluded that general labour-market conditions in Saskatchewan did not establish this particular applicant’s ability to become economically established.

The Court also found that it was reasonable to assess the applicant’s language ability against the demands of his intended occupation because that was the occupation through which he proposed to establish himself.

An officer is not required to invent or assess hypothetical alternative occupations where the applicant has not identified them.

The Court further noted that family support and settlement funds had been considered but did not overcome the officer’s concern about the applicant’s ability to obtain suitable employment. The claimed job offer also had not been validated.

Outcome

The Federal Court dismissed the application for judicial review.

The case confirms that meeting provincial minimum requirements and receiving a provincial nomination do not guarantee permanent residence where the federal officer reasonably concludes that the applicant has not demonstrated an ability to become economically established in Canada.

Case Citation:

Chaudhry v. Canada (Citizenship and Immigration), 2015 FC 1072 CanLII