Khanhosseinpoor v. Canada (Citizenship and Immigration), 2025 FC 1497 : Officer Reasonably Refused Spousal Open Work Permit Due to Absence of Evidence Establishing the Marriage

The Federal Court dismissed an application for judicial review of the refusal of an open work permit under the International Mobility Program. The applicant sought to join her husband in Canada, who held an open work permit, but the visa officer refused the application after concluding that no marriage certificate had been submitted to establish the relationship and that the purpose of the visit was therefore inconsistent with a temporary stay. On judicial review, the applicant argued that the marriage certificate had in fact been uploaded with her application and that the officer ignored it. The Court rejected these arguments, finding that the applicant failed to prove the document had been before the officer and that the refusal was therefore both procedurally fair and reasonable.

Key Principle

An applicant who alleges that the decision-maker failed to consider a document omitted from the Certified Tribunal Record bears the burden of proving that the document was actually before the officer. A mere assertion that the document was submitted is insufficient. Where an applicant cannot establish that a material document formed part of the application, an officer may reasonably refuse the application on the basis of the evidentiary record before them, and no breach of procedural fairness arises.

Background

The applicant, an Iranian citizen, applied for an open work permit in March 2024 to reunite with her husband, who had previously obtained an open work permit and was living and working in Canada. The visa officer refused the application after finding that the applicant had not established she would leave Canada at the end of her authorized stay and noting that no marriage certificate had been submitted to establish the claimed relationship with her husband. The applicant sought judicial review, arguing that the marriage certificate had been included in the application package and that the officer ignored it. She also argued that the officer failed to consider her ties to Iran when assessing whether she would leave Canada at the end of her stay.

Court Findings

• The Applicant Bears the Burden of Proving Missing Documents Were Before the Officer

The Court reaffirmed that where a document is absent from the Certified Tribunal Record, the applicant bears the burden of demonstrating that it was nevertheless before the decision-maker. A bare assertion that a document was submitted does not satisfy this burden. The applicant relied primarily on screenshots and an affidavit claiming that a PDF uploaded with the application contained the marriage certificate. However, the Court found the screenshots incomplete and insufficiently connected to the application, while the affidavit did not satisfactorily explain why other documents reproduced in the same exhibit were also absent from the Certified Tribunal Record.

• IRCC Records Were More Reliable Than the Applicant’s Evidence

The Court preferred the evidence of an Immigration, Refugees and Citizenship Canada officer, whose affidavit reproduced the GCMS records showing the contents of the applicant’s uploaded document package. Those records demonstrated that only one document package had been submitted and that no marriage certificate formed part of it..

• No Procedural Fairness Breach Occurred

Having concluded that the marriage certificate was not before the officer, the Court held there was no procedural unfairness. The officer cannot be faulted for failing to consider evidence that was never submitted. The Court accepted that the applicant may have intended to include the marriage certificate, but an intention to submit evidence is not equivalent to proving that it was actually uploaded and available to the decision-maker.

• The Refusal Was Reasonable

Because the applicant failed to establish her relationship with the principal work permit holder through documentary evidence, the officer reasonably concluded that the requirements for the requested open work permit had not been met. The absence of proof of the marital relationship was sufficient to justify the refusal, making it unnecessary for the Court to consider the applicant’s remaining arguments regarding her ties to Iran.

Outcome

The Federal Court dismissed the application for judicial review. It held that the applicant failed to establish that her marriage certificate was before the visa officer, there was no breach of procedural fairness, and the refusal of the open work permit application was reasonable because the applicant had not established the qualifying spousal relationship.

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Case Citation:

Khanhosseinpoor v. Canada (Citizenship and Immigration), 2025 FC 1497 (CanLII)