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2010 FC 352 IMM-1525-09 March 31, 2010 Principle Established: It’s the reception date that counts. The applicant mailed her PR application on February 25, 2008 and it was received by the visa office responsible for processing on March 3, 2008. On February 27, 2008, Immigration Canada changed its regulations. Under the previous regulations, the applicant
IMM-4135-09 2010 FC 339 March 29, 2010 Principle Established: Need to make timely disclose of family members The applicant entered Canada as a refugee and obtained permanent resident status under humanitarian and compassionate grounds. He declared in his application that he was unaware of the whereabouts of his wife and daughter because of hostilities in
IMM-4442-09 2010 FC 212 February 23, 2010 Principle Established: Work Permit refused because applicant will likely not leave Canada. The applicant was a citizen of India who was denied a Temporary Work Permit on two occasions because he did not demonstrate sufficient ties to his home country and that he would not leave Canada after
IMM-2190-09 2010 FC 225 February 26, 2010 Principle Established: Substituted Evaluation refusals need not be detailed The applicant’s PR application under Federal Skill Worker was refused because he only scored 60 points and could not reach the 67 points pass mark. He also applied for a substituted evaluation under 76 (3) of IRPR, but his
T-1052-09 2010 FC 298 March 16, 2010 Principle Established: Citizenship misrepresentation does render applicant inadmissible The applicant was a permanent resident of Canada who applied for citizenship. In her application she indicated she was absent for only 311 days during the four year period. She was asked to provide proof of residence in Canada and
IMM-1053-09 2010 FC 25 January 8, 2010 Principle Established: Knowledge test for citizenship application waived because of unusual hardships. The applicant is a 50 year old woman whose mother tongue is not English. She failed the Citizenship test and requested to appear before a citizenship Judge so that the Citizenship knowledge test could be waived
IMM-2980-09 2010 FC 54 January 20, 2010 Principle Established: A foreign worker should not be refused a WP based on his future intent of becoming a PR. The Applicant was a working as a cook in Sri Lanka. He made two applications for WP following LMO approvals, but was refused. He initially applied as a
2010 FC 442 IMM-3475-09 April 23, 2010 Principle Established: Onus on applicant to submit proper reference letters. The applicant applied for PR under the Skilled Worker Class as a cook. Her application was refused because the Visa Officer determined that her proof of work experience was insufficient. The Visa Officer did not advise the applicant
IMM-2462-09 2010 FC 373 April 9, 2010 Principle Established: The burden of providing sufficient work experience evidence is on the applicant The applicant came to Canada on a study permit. After her studies, she obtained a work permit and an Arranged Employment Offer. She subsequently applied for Permanent Residence under the skilled worker category. Her
IMM-3676-09 2010 FC 286 March 11, 2010 Principle Established: Divorce granted in Canada, also effective outside Canada. The applicant was legally married in Sri Lanka and was sponsored by her spouse in Canada. Her relation fell apart and the couple divorced. An order of divorce was granted by the Ontario court. The applicant remarried a
