Shaukat v. Canada (Citizenship and Immigration), 2015 FC 1120 : Provincial Nominee Refusal Upheld Because Federal Officer Was Not Satisfied Applicant Could Become Economically Established

The Federal Court reviewed the refusal of a permanent residence application under the Provincial Nominee Class.

Although Saskatchewan had nominated the applicant and continued to support her application, the federal visa officer was not satisfied that she had sufficient language ability and relevant employment background to become economically established in Canada.

The Court upheld the refusal.

Key Principle

A provincial nomination is important evidence in a Provincial Nominee application, but it does not automatically bind the federal immigration officer.

Under the rules considered in this case, a federal officer could substitute their own assessment where they were not satisfied that the nomination certificate was a sufficient indicator that the applicant could become economically established in Canada.

Background

The applicant had been nominated by Saskatchewan under the Saskatchewan Immigrant Nominee Program.

Her intended occupation was Beautician/Hair Stylist. Her IELTS results showed an overall band score of 5.0, with lower scores in reading and listening.

The visa office sent a pre-refusal letter raising concerns about her language ability and the absence of a Saskatchewan job offer.

In response, the applicant provided a job offer for an Assistant Manager position and Saskatchewan confirmed that it continued to support her nomination.

Court Findings

The Federal Court found that the officer reasonably understood and considered the applicant’s IELTS scores.

The fact that she met minimum language requirements did not require the officer to conclude that she would become economically established.

The Court also rejected the argument that the federal officer was required to defer to Saskatchewan’s continued support.

The applicable rules expressly allowed the federal officer to reach a different conclusion after consulting the province and obtaining concurrence from a second officer. Both requirements had been met.

The Court further found that the reasons were sufficient. Language ability was an important factor, but it was not the only concern. The officer also considered the applicant’s lack of relevant experience for the job offer and her overall prospects of economic establishment.

Outcome

The Federal Court dismissed the application for judicial review.

The case shows that provincial nomination does not remove the federal government’s responsibility to make the final immigration decision, including its own assessment of whether the applicant is likely to become economically established in Canada.

Case Citation:

Shaukat v. Canada (Citizenship and Immigration), 2015 FC 1120 CanLII