Sayed v. Canada (Citizenship and Immigration), 2024 FC 2021 : Work Permit Refusal Set Aside After Officer’s Four Reasons Were Unsupported by the Evidentiary Record

The Federal Court reviewed IRCC’s refusal of Safdarhusain Mohammedhusain Sayed’s work permit application. The visa officer relied on four factors to conclude that the applicant would not leave Canada at the end of his authorized stay: insufficient family ties outside Canada, weak financial establishment, concerns regarding his immigration status, and insufficient evidence that he could perform the proposed work. The Court found that all four grounds were unreasonable and granted judicial review.

Key Principle

A work permit refusal must be justified in relation to the evidence and the actual requirements of the proposed occupation. An officer cannot reasonably find that an applicant lacks family ties outside Canada when the applicant’s entire family remains abroad, question financial establishment without addressing stable employment, or raise concerns about immigration status without considering valid temporary residence and prior compliance. Where occupational eligibility may be established through several years of relevant experience, the officer must explain why documented experience in the same industry is insufficient.

Background

The applicant sought a Canadian work permit to work as a food service supervisor under National Occupational Classification code 62020.

He submitted evidence showing that his entire family resided in India. He was employed as a cook in the United Arab Emirates and held valid temporary resident status there.

The applicant also demonstrated compliance with the immigration conditions attached to his status in the UAE.

To establish his ability to perform the proposed Canadian employment, he provided evidence of experience in the hospitality industry as a chef. The occupational requirements permitted qualification through education or several years of experience in food preparation or service.

The officer nevertheless refused the application after concluding that the applicant lacked significant family ties outside Canada, was not financially established, had an unsatisfactory immigration status, and had not established that he could perform the proposed work.

Court Findings

• Family-Ties Finding Contradicted the Evidence

The officer’s conclusion that the applicant lacked significant family ties outside Canada was inconsistent with the evidence that his entire family remained in India.

• Financial-Establishment Finding Was Unexplained

The officer did not explain why the applicant’s employment as a cook in the UAE was insufficient to demonstrate financial establishment in his country of residence.

• Immigration-Status Concern Lacked Transparency

The applicant held valid temporary status in the UAE and had demonstrated compliance with immigration conditions. The officer did not explain how this evidence supported an adverse conclusion.

• Occupational-Ability Finding Was Unjustified

The proposed occupation permitted qualification through several years of food preparation or service experience. The applicant’s work as a chef was directly relevant, yet the officer provided no justification for finding that he could not perform the position.

Outcome

The Federal Court granted judicial review, quashed the June 29, 2023 refusal, and returned the work permit application to a different officer for redetermination. The Court did not need to address the applicant’s arguments concerning the use of Chinook technology. No question was certified.

Case Citation:

Sayed v. Canada (Citizenship and Immigration), 2024 FC 2021 (CanLII)