Last Updated on January 22, 2019
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 his period of stay.
He applied for judicial review to question whether the decision of the Immigration Officer was reasonable.
The Court found that it was reasonable for the Visa Officer to infer that he would not leave Canada at the end of his Work Permit because of the following:
1.No evidence of English abilities were provided to prove he could understand the nature of his Canadian job.
2.No documentation of the applicant’s income in India were provided.
3.The fact that he was married and had three children, he would likely be sponsoring them to come to Canada with little incentive to return to India after their stay.
4.Documentation regarding his assets in India were not corroborated.
The application for judicial review was dismissed.