The Federal Court reviewed the
refusal of Santokh Singh’s LMIA-supported work permit for a general farm worker
position. The officer concluded that his English ability was insufficient to
safely operate and maintain farm machinery. The Court granted judicial review
because the officer imposed a language requirement not found in the LMIA or
occupational description and failed to explain why the applicant’s evidence was
inadequate.
Key Principle
A work permit officer may
independently assess whether an applicant has sufficient language ability to
perform proposed duties, including where safety is involved. However, if the
LMIA and occupational requirements impose no language standard, the officer
must justify any additional requirement and explain why the applicant’s actual
language and work-experience evidence fails to meet it.
Background
The applicant had extensive
agricultural experience and received a 12-month offer as a general farm worker.
After receiving a procedural fairness letter concerning English ability, he
submitted evidence of English-medium education, further English studies,
basic-to-moderate reading and writing skills, and practical experience
operating and maintaining farm machinery.
Court Findings
• No Procedural Fairness
Breach Occurred
The Court rejected the argument
that the officer was required to disclose every concern about the applicant’s
English studies. Temporary work permit applications attract a relatively low
level of procedural fairness, and the language concern did not involve the
credibility, authenticity, or accuracy of submitted information.
• Officer Imposed an
Unjustified Language Requirement
Neither the LMIA nor the
occupational description required a particular level of English. Although
officers retain discretion to assess language ability, the Court found it
unreasonable to substitute an additional language requirement without
explaining why the actual position required that standard.
• English-Language Evidence
Was Not Properly Assessed
The applicant had studied in
English at high school and college, completed a software application program
taught in English, and stated that he was fluent with basic-to-moderate reading
and writing skills. The officer did not explain why this evidence was
insufficient for the proposed duties.
• Machinery Experience Was
Material Evidence
The applicant also submitted
evidence showing practical knowledge of operating and maintaining farm
equipment. Because the officer’s stated concern involved machinery operation
and safety, this evidence was directly relevant and required meaningful assessment.
• Reasons Failed to Meet
Departmental Guidance
Departmental guidance required
refusal notes to clearly show a detailed analysis of why the applicant could
not perform the work sought. The Court found that the officer’s reasons did not
provide that necessary explanation.
• Minister Could Not Add New
Reasons on Review
The Minister argued that the
applicant’s English education occurred many years earlier. The Court rejected
reliance on this point because it was not part of the officer’s reasons and
there was no evidence that the applicant had lost his language ability.
Outcome
The Federal Court granted
judicial review and remitted the work permit application to a different officer
for reconsideration. No question was certified.
Case
Citation:
Singh v. Canada (Citizenship and Immigration), 2023 FC 1036 (CanLII)
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst





