The
Federal Court reviewed the refusal of a Pakistani applicant’s LMIA-supported
work permit application for an Administrative Assistant position. The visa
officer concluded that the applicant’s managerial background made the position
an illogical career progression and was not satisfied that he would leave
Canada at the end of his authorized stay. The Court granted judicial review,
finding that the officer relied on impermissible career counselling, failed to
engage with key evidence, and did not explain how the applicant’s
qualifications created a risk of overstaying.
Key
Principle
A
work permit cannot be refused simply because an applicant appears overqualified
or accepts a lower-level position. Visa officers must assess whether the
applicant can perform the job and provide objective reasons explaining why the
evidence establishes a risk that the applicant will not leave Canada at the end
of the authorized stay.
Background
Sangeen
Khan, a citizen of Pakistan, held advanced degrees, including an MBA, and had
significant management experience with multinational companies. He obtained a
positive LMIA to work as an Administrative Assistant at a daycare in Canada.
The visa officer refused the application, reasoning that the proposed
employment was not a logical career progression given his education, managerial
experience, and higher-paying position in Pakistan, and therefore concluded
that he was unlikely to leave Canada at the end of his temporary stay.
Court
Findings
- Officers Must Not Engage in Career Counselling
Justice Blackhawk held that the officer improperly
focused on whether the applicant’s employment represented a logical career
progression. The Immigration and Refugee Protection Regulations do not prohibit
applicants from accepting positions below their qualifications, and officers
should not substitute their own career judgments for the applicant’s employment
decisions.
- Failure to Consider Financial Incentive and Relevant Evidence
The Court found that the officer ignored evidence
showing the Canadian position would increase the applicant’s monthly income
while involving fewer responsibilities. The officer also failed to meaningfully
consider evidence of the applicant’s strong ties to Pakistan, including his
wife, children, parents, savings, and employment history.
- No Rational Link Between Overqualification and Overstay Risk
The
Court concluded that the officer failed to explain how the applicant’s alleged
overqualification logically supported the finding that he would overstay in
Canada. Financial motivation to work in Canada is common among temporary
foreign workers and, without objective evidence of non-compliance or
immigration risk, cannot justify refusal.
Outcome
The
Federal Court granted the application for judicial review and set aside the
work permit refusal for reconsideration by a different officer.
Case Citation: Khan v. Canada (Citizenship and Immigration), 2026 FC 770 (CanLII)
