Girmaeyesus v. Canada (Citizenship and Immigration)

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 cook, but the visa officer found that he was not qualified enough to work as a cook. He subsequently secured a job as kitchen helper with another employer, but this time his WP he was refused because the visa officer could not understand why the applicant would accept a job as a helper while he was a cook. The visa officer also determined that the applicant was not a genuine foreign worker based on his future intent of becoming a PR.

The issue is whether the second visa officer erred in his decision about granting the WP.

The court found out that the visa officer failed to consider the applicant’s intention of gaining Canadian experience while working as a helper and aspire to become a cook.

The court also decided that the applicant should not be refused a WP based on his future intent to become a PR as long as the visa officer is satisfied that the applicant will leave at the end of his permit and not remain in Canada illegally.

The application for judicial review was allowed.

WP: Work Permit

PR: Permanent Resident