Last Updated on January 22, 2019
2010 FC 442
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 that the documents were insufficient before refusing the application.
The issue was to determine whether the Visa Officer had a duty to request additional information regarding her work experience before issuing a rejection?
According to the court, there is no general obligation for the Visa Officer to request additional information regarding proof of employment. The onus is on the applicant to provide enough supporting documentation at firsthand. Moreover, applicants are required to follow a checklist to make sure reference letters contain the minimal required information.
The application for judicial review was dismissed.