Karsou v. Canada (Citizenship and Immigration), 2025 FC 928 : Express Entry PR Refusal Set Aside for Failing to Consider Submitted Employment Records

The Federal Court reviewed IRCC’s refusal of Hadil Ismail Mohamed Karsou’s permanent residence application under the Canadian Experience Class. The officer was not satisfied that she had completed one year of qualifying Canadian work experience because the record did not contain a letter identifying her duties as a Finance Officer. The Court granted judicial review, finding that the application was decided on an incomplete record through no fault of the applicant, breaching procedural fairness.

Key Principle

A decision may be set aside where material documents properly submitted by an applicant are missing from the record considered by the decision-maker. Although tribunal records are presumed complete, that presumption may be rebutted with credible evidence showing that a missing document was submitted. Deciding an application without considering material evidence compromises the applicant’s right to be heard.

Background

The applicant is a stateless Palestinian who grew up, studied, and worked in Jordan before coming to Canada. She worked as a Finance Officer for her brother’s company.

She was invited to apply for permanent residence under the Canadian Experience Class using NOC 12200. She had to establish one year of Canadian work experience and show that she performed the occupation’s main duties.

The officer acknowledged a January 2024 employment summary and pay records confirming that she worked full-time as a Finance/Accounting Officer. However, the application was refused because no document in the IRCC record listed her job duties.

The applicant maintained that she had submitted a December 2021 offer of employment containing those duties. Her brother provided a sworn affidavit, a screenshot of the application folder, and a copy of the missing letter. She also attached the letter to a reconsideration request, which remained unanswered.

Court Findings

• New Evidence Was Partly Admissible

The Court admitted the relevant affidavit portions, folder screenshot, and offer letter because they demonstrated a procedural defect not visible from the certified record. Other new evidence was excluded.

• Presumption of a Complete Record Was Rebutted

The Court found, on a balance of probabilities, that the letter had been uploaded but was not placed before the officer. The brother’s sworn evidence was unchallenged and supported by the screenshot. IRCC provided no evidence explaining the portal process or why the document was missing.

• Missing Letter Was Material

The offer letter listed the Finance Officer duties, while the later employment summary confirmed that the applicant worked in that position. Together, the documents directly addressed the officer’s sole reason for refusal.

• Right to Be Heard Was Breached

The Court rejected the Minister’s argument that the letter would not have changed the result. It was not the Court’s role to speculate about how the officer might have assessed it. The decision was made without considering material evidence submitted by the applicant.

Outcome

The Federal Court granted judicial review, set aside the July 11, 2024 refusal, and returned the permanent residence application to a different IRCC officer for redetermination. The December 9, 2021 offer letter was deemed part of the record. No question was certified.

Case Citation:

Karsou v. Canada (Citizenship and Immigration), 2025 FC 928 (CanLII)