Ramezanpour v. Canada (Citizenship and Immigration), 2016 FC 751 : Skilled Worker Refusal Upheld Because Applicant Failed to Establish Her Work Experience and Arranged Employment

Ø  Introduction

The Federal Court reviewed the refusal of a Federal Skilled Worker application where the officer was not satisfied that the applicant had established her claimed work experience or arranged employment as a cook.

The Court upheld the refusal, finding that the officer reasonably assessed the inconsistencies in the applicant’s employment documents and that the procedural fairness letter adequately alerted her to the concerns.

Ø  Key Principle

A visa officer may assess the genuineness and reliability of claimed work experience and arranged employment, even where another government authority has previously assessed the validity of the employment offer.

A procedural fairness letter does not have to identify every piece of evidence that may ultimately concern an officer. Where the applicant is informed that there are concerns about misrepresentation or the claimed employment experience, the applicant must provide sufficient evidence to address those concerns.

Ø  Background

The applicant, an Iranian citizen, applied for permanent residence under the Federal Skilled Worker Class as a cook. She claimed more than ten years of relevant experience and relied on employment with the Kaveh International Hotel. She also submitted an arranged employment offer from a Canadian hotel.

The officer encountered difficulties verifying the claimed employment. The telephone number and address provided for Kaveh belonged to another company, while the Canadian employer could not be reached to verify the job offer.

The applicant received a procedural fairness letter and responded with updated employment letters, contracts, and other documents. The officer remained unsatisfied and awarded zero points for experience and arranged employment, resulting in a total of only 36 points, below the required 67.

Ø  Court Findings

The Federal Court found that the officer’s decision was reasonable.

The Court rejected the argument that procedural fairness had been breached. The fairness letter raised concerns about the applicant’s claimed work experience and possible misrepresentation, and the applicant was given an opportunity to respond. The officer was not required to provide a further opportunity to address every concern arising from documents that remained insufficient or unclear.

The Court also found that the officer reasonably questioned the applicant’s employment evidence. There were inconsistencies concerning the Kaveh employment, reference letters, telephone numbers, and employment contracts. Some contracts were signed only after the employment period had ended and originals were not provided.

The Court further confirmed that a visa officer may independently assess the genuineness of a prospective Canadian employment offer. The officer was therefore entitled to attempt to contact the prospective employer and consider the failure to verify the offer.

Although the officer incorrectly awarded zero points for adaptability despite the applicant’s brother being a Canadian citizen, correcting that error would not change the result. Even with the additional points, the applicant would remain below the required threshold.

Ø  Outcome

The Federal Court dismissed the application for judicial review and upheld the refusal of the Federal Skilled Worker application.

Case Citation:

Ramezanpour v. Canada (Citizenship and Immigration), 2016 FC 751 CanLII