Salkhan v. Canada (Citizenship and Immigration), 2025 FC 1746 : Spousal Open Work Permit Refusal Upheld After Applicant Failed to Provide Sufficient Evidence of the Sponsor’s Employment in Canada

The Federal Court dismissed a judicial review of the refusal of a spousal open work permit (SOWP) application. The applicant argued that the officer ignored evidence demonstrating his spouse’s employment in Canada and breached procedural fairness by refusing the application without seeking additional information. The Court found that the refusal was reasonable because the applicant failed to provide sufficient evidence establishing eligibility under the International Mobility Program.

Key Principle

Applicants seeking a spousal open work permit bear the burden of submitting complete and convincing evidence establishing their eligibility. Where an application is refused because of insufficient evidence rather than credibility concerns, officers are generally not required to issue a Procedural Fairness Letter or request additional documents.

Background

The applicant, an Indian citizen, applied for a spousal open work permit based on his wife’s employment in Canada under an open work permit. IRCC identified a submission error and invited the applicant to resubmit the correct documents.

After reviewing the revised application, the officer concluded that the applicant had not provided sufficient evidence of his spouse’s qualifying employment, noting the absence of an employment letter and pay stubs. The application was refused, and the applicant sought judicial review.

Court Findings

• The Applicant Failed to Establish Eligibility

Justice Gascon held that the Certified Tribunal Record did not contain the employment letter or pay stubs that the applicant claimed had been submitted. Since applicants bear the burden of proving their case, the officer reasonably concluded that there was insufficient evidence demonstrating the spouse’s qualifying employment.

• The Officer Did Not Ignore the Evidence

The Court found that the officer considered the documents that were actually before them, including affidavits and bank statements. The refusal resulted from insufficient supporting evidence, not from overlooking material contained in the application.

• No Procedural Fairness Letter Was Required

The Court held that the refusal was based on the insufficiency of the evidence rather than any adverse credibility finding. Because the officer did not question the truthfulness of the information provided, there was no obligation to issue a further Procedural Fairness Letter or request additional documentation.

Outcome

The Federal Court dismissed the application for judicial review, confirming that applicants are responsible for submitting complete evidence in support of a spousal open work permit application and that officers are not required to remedy deficiencies in an incomplete application.

Case Citation:

Salkhan v. Canada (Citizenship and Immigration), 2025 FC 1746 (CanLII)