The
Federal Court reviewed the refusal of a work permit application submitted by
the spouse of a foreign worker in Canada. The application was refused because
key supporting documents—including employment letters, pay slips, and bank
statements relating to the applicant’s spouse—were illegible. The applicant
argued that procedural fairness required IRCC to give him an opportunity to
provide clearer copies. The Court dismissed the application, finding the
officer acted reasonably and owed no such duty.
Key
Principle
Applicants
bear the responsibility of submitting a complete, legible, and decipherable
application. Where supporting documents are unreadable, an officer is not
required to request clearer copies or provide an opportunity to remedy the
deficiency, absent concerns involving credibility, misrepresentation, or
reliance on external evidence.
Background
The
applicant applied for an open work permit as the accompanying spouse of his
wife, who was employed in Canada. The application included documents intended
to establish his wife’s employment, including pay slips, employment
confirmation letters, and bank statements. However, these documents were blurry
and unreadable. The officer concluded there was insufficient evidence that the
applicant’s spouse was employed in Canada and also noted that funds held in
Iranian bank accounts might not be readily transferable to Canada.
Court Findings
- Officer Reasonably Relied on the Record Before Them
The Court held that the officer reasonably concluded
there was insufficient evidence of the spouse’s employment because the primary
supporting documents were illegible. On judicial review, the Court could not
consider clearer versions of the documents that were filed for the first time
before the Court.
- No Duty to Request Better Copies
Justice McDonald rejected the procedural fairness
argument, distinguishing cases involving concerns about document authenticity
or credibility. Here, the officer did not question the genuineness of the
documents—only their readability. Given the low duty of procedural fairness in
work permit applications, the officer was not required to invite the applicant
to submit clearer copies.
- Applicants Must Submit Clear and Complete Applications
The Court reaffirmed that applicants are responsible
for ensuring their applications are complete and that supporting documents are
clear and decipherable. The consequences of submitting unreadable evidence rest
with the applicant.
- Financial Liquidity Finding Was Reasonable
The Court also rejected the challenge to the
officer’s comments regarding the transferability of Iranian funds. The
applicant himself had explained the limitations associated with maintaining
liquid assets in Iran. The officer’s observations were consistent with the
evidence before them and were not the primary basis for refusal.
Outcome
The
Federal Court dismissed the application for judicial review, holding that the
work permit refusal was reasonable and that no breach of procedural fairness
occurred.
Case Citation: Majid v. Canada (Citizenship and Immigration), 2026 FC 871 (CanLII)
