Qadeer v. Canada (Citizenship and Immigration), 2016 FC 285 : PR Refusal Overturned Because Officer Failed to Disclose Concerns About the Genuineness of a Job Offer

Outcome: Judicial Review Allowed

Ø  Introduction

The Federal Court reviewed the refusal of a provincial nominee permanent residence application where the officer was not satisfied that the principal applicant would become economically established in Canada.

The officer questioned the genuineness of the applicant’s job offer and suspected that it had been provided because of a personal connection with the prospective employer. The Court found that these concerns affected the assessment of the applicant’s language ability and economic establishment and should have been put to the applicant before the refusal.

Ø  Key Principle

Where an officer has concerns about the credibility, accuracy, or genuineness of evidence submitted by an applicant, procedural fairness may require the officer to give the applicant an opportunity to respond before refusing the application.

An officer cannot rely on an undisclosed concern about the genuineness of a job offer and then use that concern to undermine other evidence supporting the applicant’s ability to become economically established.

Ø  Background

The principal applicant was nominated by Saskatchewan and applied for permanent residence with his family. After concerns arose about his English language proficiency, the applicants provided additional evidence, including a job offer from a Saskatchewan employer, a letter from the prospective employer confirming his English ability, employment evidence, and evidence of savings and assets.

The officer nevertheless questioned whether the job offer was genuine. The officer noted that the prospective employer knew the applicant through his employer in Pakistan and concluded that the offer may have been made to facilitate the permanent residence application rather than because there was a genuine job vacancy.

The officer also found that the applicant lacked sufficient English ability and relevant experience to perform the offered position.

Ø  Court Findings

The Federal Court found that the officer’s undisclosed concerns about the job offer breached procedural fairness.

The Court found that the officer was not merely assessing the weight of the job offer. The officer had expressed “skepticism as to the legitimacy of the job offer” and suggested that it may have been created to facilitate the applicant’s immigration objectives because of a personal connection with the employer.

This concern was intertwined with the officer’s assessment of the applicant’s English ability and his ability to become economically established. The applicant therefore should have been given an opportunity to address the concern before the application was refused.

The Court emphasized that where evidence, if accepted, could support eligibility, an officer who doubts its genuineness must generally give the applicant an opportunity to respond.

Ø  Outcome

The Federal Court allowed the application for judicial review and returned the permanent residence application to another visa officer for redetermination.

Case Citation:

Qadeer v. Canada (Citizenship and Immigration), 2016 FC 285 CanLII