Singh v. Canada (Citizenship and Immigration), 2021 FC 1164 : Court Addresses Work Permit Refusal Based on Truck Driving Experience and Limited Ties Outside Canada

The Federal Court reviewed IRCC’s refusal of Jarmanjit Singh’s work permit application for a long-haul truck driver position in British Columbia. The officer was not satisfied that he could adequately perform the work or that he would leave Canada at the end of his authorized stay. The Court dismissed judicial review, finding that the officer reasonably considered his driving experience, safety evidence, temporary status in the UAE, and limited ties outside Canada.

Key Principle

The Federal Court reaffirmed that a work permit applicant must provide sufficient evidence showing both that they can perform the proposed employment and that they will leave Canada when required. Visa officers have broad discretion in assessing job qualifications and temporary intent, and courts will not reweigh evidence where the conclusions are reasonably supported by the record.

Background

The applicant was an Indian citizen living in the United Arab Emirates, where he worked as a truck driver. He received an offer to work as a long-haul truck driver for a company in Surrey, British Columbia.

The officer was concerned that his experience was limited to the UAE and did not establish international long-haul driving experience. The officer also noted differences between Canadian and UAE weather and terrain, the absence of a clean UAE driving record, and insufficient evidence showing he could perform the work safely.

The officer also found limited ties to India and the UAE. His UAE status was temporary, while incentives to remain in Canada were significant.

Court Findings

• Driving Experience Did Not Fully Address the Canadian Position

The applicant argued that he regularly drove 500 to 600 kilometres one way in the UAE and therefore had long-haul experience. The Court found it reasonable for the officer to consider the lack of international driving experience because the Canadian job required driving within Canada and the United States. Differences in weather, terrain, and road conditions were also relevant to assessing his ability to perform the position.

• Safety Evidence Was Insufficient

The Court found that the applicant had the burden of demonstrating that he could safely perform the work. The record did not include a UAE driving record or detailed evidence about safety training from the Canadian employer. The officer could therefore reasonably find that he had not sufficiently demonstrated his ability to perform the proposed work safely.

• Limited Ties Supported the Temporary-Intent Concern

The applicant relied on his family and family property in India and the fact that he had returned to India between periods of employment in the UAE. The Court found that these circumstances did not contradict the officer’s conclusion. He had no employment in India, his family’s assets were not his own, and he had previously lived apart from his family for economic reasons. His temporary status in the UAE also weakened his ties there.

Outcome

The Federal Court dismissed the application for judicial review. The Court found that the officer reasonably concluded that the applicant had not established his ability to perform the long-haul truck driving position safely and had not provided sufficient evidence that he would leave Canada after his authorized stay. No question of general importance was certified.

Case Citation:

Singh v. Canada (Citizenship and Immigration), 2021 FC 1164 (CanLII)