Introduction
The Federal Court
reviewed an IRCC decision refusing a permanent residence application under the
Federal Skilled Trades Class. The officer concluded that the applicant had
failed to demonstrate the required two years of qualifying work experience as a
carpet installation and flooring supervisor prior to coming to Canada. While
the Court accepted that the officer could question inconsistencies between the
applicant’s previous Temporary Resident Visa (TRV) application and her
permanent residence application, it held that the officer failed to consider
key evidence supporting her claimed work experience. The decision was therefore
found to be unreasonable.
Key Principle
The Federal Court
reaffirmed that while officers are entitled to assess the weight and
credibility of evidence, they must meaningfully address contradictory evidence
that is central to the issues before them. A failure to consider material
evidence or explain why it was rejected may render a decision unreasonable
under the principles established in Vavilov.
Background
The applicant, a
citizen of India, entered Canada in 2018 on a work permit after being hired as
a carpet installation and flooring supervisor. She later applied for permanent
residence under the Federal Skilled Trades Class, claiming that she had acquired
qualifying work experience in the same occupation while working for her
family’s business in India.
During
processing, IRCC noted that her earlier TRV application listed her occupation
as “housewife” and made no reference to prior employment. Following a
procedural fairness letter, the applicant explained that it is common in India
for women working in family businesses to describe themselves as housewives.
She also submitted an affidavit detailing her job duties, together with tax
records, bank statements, and supporting documentation.
Court Findings
• Officer
Could Question Inconsistencies
The Court
accepted that it was open to the officer to question the inconsistency between
the applicant’s TRV application and her permanent residence application.
Similarly, the officer was entitled to reject the explanation that women
working in family businesses commonly identify themselves as housewives if
adequate reasons were provided.
• Material
Evidence Was Not Properly Considered
The Court found
that the officer concluded the applicant had “no previous experience in
carpet and flooring installation” without addressing her detailed
affidavit describing her supervisory duties at the family business. The
affidavit specifically outlined responsibilities that closely aligned with the
claimed skilled occupation.
• Failure to
Address Contradictory Evidence Rendered the Decision Unreasonable
Justice Régimbald
held that although the officer could assign limited weight to the affidavit,
they were nevertheless required to explain why it was insufficient. Ignoring
evidence that directly contradicted a central finding undermined the
transparency and intelligibility of the decision and caused the Court to lose
confidence in the outcome.
Outcome
The Federal Court
granted the application for judicial review and remitted the matter to a
different IRCC officer for redetermination. The Court held that the officer’s
failure to consider the applicant’s affidavit and other material evidence
concerning her skilled work experience rendered the refusal unreasonable. No
question was certified.
Case Citation: Ruchika
v. Canada (Citizenship and Immigration), 2026 FC 414 (CanLII)
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst





