Sadiq v. Canada (Citizenship and Immigration), 2015 FC 955 : Work Permit Refusal Upheld Because Applicant Did Not Show Strong Enough Ties to Return

The Federal Court reviewed the refusal of a work permit application from a Pakistani citizen who had been working in the United Arab Emirates for several years.

The visa officer was not satisfied that he would leave Canada at the end of his authorized stay.

The Federal Court upheld the refusal.

Key Principle

A work permit applicant must satisfy the officer that they will leave Canada when their authorized stay ends.

In assessing this requirement, an officer may consider the applicant’s employment, immigration status abroad, financial situation, family ties, and overall degree of establishment outside Canada.

The fact that an applicant has family in their home country does not automatically establish strong ties if the evidence shows that the applicant has lived and worked elsewhere for a lengthy period.

Background

The applicant was a citizen of Pakistan who had worked as a technician in the UAE since 2008.

He received an offer to work in Canada as a handyman and applied for a work permit in 2014.

The officer was concerned that the applicant had not demonstrated meaningful establishment in Pakistan and that his status in the UAE was temporary, with no guarantee that he could return there after working in Canada.

Court Findings

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

Although the applicant’s father and siblings lived in Pakistan, he had been working outside Pakistan for approximately six years. The Court found it reasonable for the officer to conclude that these family connections did not, by themselves, demonstrate significant establishment in Pakistan.

The economic incentive to remain in Canada was not the only factor considered. The officer also relied on the applicant’s lack of employment in Pakistan and his temporary status in the UAE.

The Court also rejected the procedural fairness argument. The concerns arose from the information and evidence submitted with the application, so the officer was not required to provide an interview or another opportunity to submit evidence that should have been included initially.

Outcome

The Federal Court dismissed the application for judicial review.

The case shows that temporary foreign workers should provide clear evidence of their continuing ties and ability to return to their country of residence or home country after their Canadian work authorization ends.

Case Citation:

Sadiq v. Canada (Citizenship and Immigration), 2015 FC 955 CanLII