The
Federal Court reviewed the refusal of a temporary work permit application under
the International Mobility Program for a Procurement and Purchasing Agent
position in Quebec. Although the approved LMIA identified English as the only
language requirement, the visa officer concluded that the applicant required
professional French language proficiency based on an external internet search
and refused the application. The Court granted judicial review, finding that
the officer’s reasoning was based on unreliable external research and therefore
lacked justification, transparency, and intelligibility.
Key
Principle
While
visa officers are not bound by an employer’s LMIA or assessment of job
requirements, any independent investigation must be accurate, reliable, and
supported by the record. A work permit refusal cannot be based on flawed
external research or unsupported assumptions about an employer’s language
requirements.
Background
Jiyuan
Sun, a citizen of China, applied for a work permit after receiving an
employment offer from Cannara Biotech (Québec) Inc. for a Procurement and
Purchasing Agent position. The approved LMIA specified that only English
language proficiency was required. Despite this, the visa officer refused the
application, concluding that professional French was necessary because the
employer operated in Quebec and certain employment documents were written in
French.
Court
Findings
· Officers May Independently Assess Language Ability
The
Court confirmed that visa officers are not bound by the language requirements
identified in an LMIA or by an employer’s assessment of the position. Officers
retain independent authority under paragraph 200(3)(a) of the Immigration and
Refugee Protection Regulations to determine whether an applicant can adequately
perform the proposed work.
· External Research Must Be Accurate and Reliable
Justice
Tsimberis found that the officer’s conclusion was based on an external
“open data search” that mistakenly referred to the employer as
“Canada Biotech” rather than Cannara Biotech. The record contained no
evidence showing what was searched or what information supported the officer’s
conclusion that professional French was required. Because the officer relied on
flawed and undocumented external research, the reasoning was unreasonable.
· Unsupported Assumptions Cannot Justify Refusal
Although
officers may conduct independent assessments, the Court held that any
conclusions must be grounded in reliable evidence. The officer failed to
demonstrate a rational basis for overriding the employer’s stated language
requirements, rendering the refusal unjustified under the reasonableness
standard established in Vavilov.
Outcome
The
Federal Court granted the application for judicial review, set aside the work
permit refusal, and returned the matter to a different officer for
redetermination.
Case Citation:
Sun v. Canada (Citizenship and
Immigration), 2026 FC 767 (CanLII)
