The Federal Court reviewed the
refusal of Abida Nisreen’s provincial nominee permanent residence application.
Saskatchewan had nominated her as an elementary school and kindergarten
teacher, but a federal officer substituted a negative evaluation under subsection
87(3) of the IRPR because of concerns about her English ability and prospects
for economic establishment. The Court upheld the decision, finding that the
officer provided procedural fairness and reasonably assessed her language
skills, employment prospects, finances, family support, and proposed income.
Key Principle
A provincial nomination is an
initial indicator, not a guarantee, that an applicant can become economically
established in Canada. Under subsection 87(3) of the IRPR, a federal officer
may substitute a negative evaluation after consulting the nominating province
where the nomination is insufficient. An officer may consider language ability,
realistic employment prospects, expected income, financial resources, and
settlement support, provided the applicant receives a meaningful opportunity to
address the officer’s concerns.
Background
Ms. Nisreen, a Pakistani citizen,
was nominated by Saskatchewan under NOC 4142, Elementary School and
Kindergarten Teachers. Her IELTS overall score was 4.5, with a reading score of
3.5. Her application described her intended work broadly as teaching, sewing,
beautician work, or another entry-level position.
The officer issued a fairness
letter expressing concerns that her English was insufficient for teaching
certification, further training, and potentially other proposed occupations.
The officer also questioned her lack of a job offer and whether she could
become economically established.
Over approximately nine and a
half months, Ms. Nisreen made three sets of submissions. She proposed
self-employment in sewing or beauty services, work as an ECE assistant, and
ultimately submitted a cleaner job offer paying $24,960 annually. She also provided
evidence of family support and assets.
Court Findings
• Substituted Evaluation Was
Properly Available
The Court rejected the argument
that Saskatchewan’s nomination created a legitimate expectation of permanent
residence. Section 87 expressly preserves Canada’s final selection authority.
The officer informed Ms. Nisreen that he was considering a substituted
evaluation, explained his concerns, consulted Saskatchewan, and obtained the
required concurrence of a second officer.
• Reference to LICO Was Not an
Undisclosed Income Requirement
The officer compared the cleaner
salary with the 2017 LICO of $51,846 for a family of five. The Court found that
LICO was not imposed as a mandatory threshold. It was used as contextual
evidence illustrating why $24,960 appeared insufficient. The fairness letter
had already raised economic-establishment concerns, giving Ms. Nisreen an
opportunity to respond.
• Economic and Language
Assessment Was Reasonable
The officer considered her
assets, relatives’ settlement assistance, and her husband’s intention to seek
employment, but reasonably found these did not establish her own economic
prospects. Her husband had no concrete employment plan. The officer also assessed
her CLB 4 and 5 abilities against her actual proposed occupations rather than
applying language scores mechanically. The Court held that disagreement with
this assessment did not establish unreasonableness.
Outcome
The Federal Court dismissed the
judicial review. It found no procedural unfairness or unreasonable assessment
of Ms. Nisreen’s likelihood of becoming economically established. The proposed
certified question concerning procedural fairness in substituted evaluations
was rejected.
Case
Citation:
Nisreen v. Canada (Citizenship and Immigration), 2018 FC 469 (CanLII)
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
