The Federal Court reviewed IRCC’s
refusal of Dejan Stojiljkovic’s work permit extension application. The Serbian
applicant had been recruited to play soccer for the Scarborough Soccer Club and
held both an employer-specific work permit and an open work permit. After
waiting more than two years, he sought mandamus. IRCC then communicated a
refusal stating that he had failed to provide a valid team contract and recent
pay stubs. The Court granted judicial review because the requested contract had
been submitted, the lack of pay stubs was explained by the delayed start of
employment, and IRCC failed to account for this evidence.
Key Principle
A refusal is unreasonable where
IRCC states that requested documents were not provided even though the record
contains proof that they were submitted. Where employment was conditional on
legal work authorization, an officer must also consider whether the absence of
pay stubs is explained by the fact that the contract could not begin until
authorization was granted. Repeated unexplained delays, failure to respond to
inquiries, and delayed communication of a decision may constitute special
reasons justifying an award of costs.
Background
The applicant was recruited to
play soccer for the Scarborough Soccer Club. The club wished to retain him and
offered a two-year contract.
He applied to extend his work
permits before they expired. IRCC later requested a valid team contract and pay
stubs.
The applicant uploaded a signed
contract on October 9, 2022. The contract was intended to run from November 15,
2021 to November 15, 2023. A club letter stated that the position would begin
once the applicant was legally authorized to work.
IRCC refused the application on
March 6, 2023, stating that the applicant had not provided the contract or pay
stubs. The decision was not communicated until December 2023.
Court Findings
• Requested Contract Was Properly Submitted
The Court held that the officer’s finding that the applicant failed to provide
a valid team contract was directly contradicted by the record. The applicant
had uploaded the signed employment contract in response to IRCC’s request,
together with an explanatory letter, yet the officer failed to account for this
evidence.
• Absence of Pay Stubs Was Reasonably Explained
The Court found that the applicant could not have produced pay stubs because
his employment was expressly conditional upon obtaining legal authorization to
work in Canada. Since the contract had not yet commenced, the lack of interim
pay records was fully explained by the evidence before the officer.
• Material Evidence Was Ignored
The Court held that the refusal failed to consider the signed employment
contract, the soccer club’s supporting letter, and the applicant’s explanatory
correspondence. By overlooking these central documents, the officer failed to
meaningfully assess the evidence submitted in support of the work permit
extension application.
• Decision Lacked Justification and Transparency
The Court concluded that the refusal was unintelligible because it rested on
the incorrect premise that requested documents had not been provided. A
decision that ignores material evidence cannot satisfy the requirements of
justification, transparency, and intelligibility established in Vavilov.
• IRCC’s Conduct Justified an Award of Costs
The Court found that repeated unanswered inquiries, prolonged processing
delays, and the approximately nine-month delay in communicating the refusal
constituted special reasons warranting costs. In addition to setting aside the
decision, the Court awarded the applicant $3,000 in costs and directed that the
matter be reconsidered by a different officer within 120 days.
Outcome
The Federal Court granted
judicial review, set aside the refusal, and ordered redetermination by a
different officer within 120 days. The applicant was awarded $3,000 in costs.
No question was certified.
Case Citation:
Stojiljkovic v. Canada (Citizenship and Immigration), 2024 FC 1847 (CanLII)
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
