Singh v. Canada (Citizenship and Immigration), 2026 FC 892 : Express Entry CRS Points: A MELT Certificate and Class AZ Licence Are Not a “Certificate of Qualification”

The Federal Court dismissed judicial review of an Express Entry refusal where the Applicant was denied 50 CRS points claimed for holding a Certificate of Qualification as a truck driver. The Court held that the Applicant’s Mandatory Entry-Level Training (MELT) certificate, Class AZ driver’s licence, and Air Brake Endorsement did not constitute a Certificate of Qualification under the Immigration and Refugee Protection Regulations (IRPR). The Court also rejected arguments based on legitimate expectations, procedural fairness, alleged inconsistency in IRCC decision-making, bias, and Charter equality.

Key Principle

Under IRPR s 87.2(3)(d)(i), an applicant claiming the additional CRS points associated with a Certificate of Qualification must actually hold a qualifying certificate issued by a competent provincial or federal authority in the skilled trade identified in the application. The inclusion of an occupation in IRCC’s Express Entry Program Delivery Instructions (PDI) does not eliminate this underlying requirement. An applicant cannot establish entitlement to the additional points merely through possession of a provincial driver’s licence or other training credentials.

Background

The Applicant held a closed Canadian work permit and was invited to apply for permanent residence through the Canadian Experience Class. He claimed 444 CRS points, including 50 additional points for a Certificate of Qualification as a truck driver.

The Applicant relied on his MELT certificate, Class AZ driver’s licence, and Air Brake Endorsement. His occupation, NOC 73300 (Transport Truck Drivers), had been included in an earlier September 2023 PDI as an occupation for which a Certificate of Qualification could generate additional CRS points. The occupation was later removed from the eligible occupation reference list in the November 2023 PDI.

The Officer concluded that the Applicant did not possess a qualifying Certificate of Qualification and deducted the 50 points. As a result, he no longer had sufficient CRS points for permanent residence.

Court Findings

• No qualifying Certificate of Qualification

The Court agreed that Skilled Trades Ontario was the competent Ontario body for issuing Certificates of Qualification and did not issue such certificates to tractor-trailer commercial drivers. The Applicant conceded that he did not hold a Certificate of Qualification issued by Skilled Trades Ontario and provided no legislative or jurisprudential authority establishing that his MELT certificate or driver’s licence could constitute one, either separately or cumulatively.

• PDI did not create automatic entitlement to 50 points

The Court rejected the argument that inclusion of NOC 73300 in the September PDI automatically entitled the Applicant to the additional CRS points. Both the September and November PDIs continued to require an actual valid Certificate of Qualification. The September PDI identified eligible occupations, but did not remove the requirement for the qualifying certificate itself.

• No legitimate expectation

The Applicant could not establish a legitimate expectation that the September PDI would necessarily result in the award of 50 points. Legitimate expectation requires a clear, unambiguous and unqualified representation concerning the procedure or outcome. No such representation existed because the Applicant did not possess the required Certificate of Qualification.

• No bias or systemic inconsistency

The Applicant relied on acquaintances who allegedly received the same 50 points. The Court found no evidence establishing that those individuals actually received the points on the basis of their MELT certificates or driver’s licences. Administrative decision-makers are not subject to horizontal stare decisis, and each application must be assessed on its own merits.

• Charter argument failed

The Applicant did not identify an enumerated or analogous ground on which he had allegedly been discriminated against. The Court therefore found no established breach of the Charter equality principle.

Outcome

The Federal Court dismissed the judicial review application. The Officer’s decision to deduct the 50 CRS points was reasonable and procedurally fair. No certified question was proposed or arose, and no costs were awarded.

Key Takeaway: Singh confirms that an applicant cannot claim additional Express Entry CRS points for a Certificate of Qualification merely because their occupation appears in an eligible-occupation list or because they possess related licences or training. The applicant must hold the qualifying Certificate of Qualification issued by the competent authority.

Case Citation:

Singh v. Canada (Citizenship and Immigration), 2026 FC 892 (CanLII)