2015-02-12 | 2015 FC 172 | IMM-5323-13

Barua v Canada (Public Safety and Emergency Preparedness)

Principle Established:

1. A foreign national applying for a work permit with the intention of eventually becoming a permanent resident can be validly excluded from Canada if it seems likely that he will not leave Canada upon the expiration of his work permit.
2. A foreign national applying for a work permit with the intention of eventually becoming a permanent resident will be subject to s. 20(1)(1) of the IRPA

Facts

Barua sought judicial review of a border service officer’s order that he be excluded from Canada.

Barua, a foreign national, applied for a work permit. During his interview with a border service officer, Barua stated an intention to eventually become a permanent resident of Canada. The officer subsequently ordered that Barua be excluded from Canada.

The officer argued that Barua had violated s. 20(1)(a) of the IRPA, which states that any foreign national who seeks to enter Canada to become a permanent resident must hold either a permanent residency visa or other documents required by regulation. Barua did not possess said documents at the time of his interview.

Barua argued that the officer did not consider s. 22(2) of the IRPA, which states that a foreign national’s intention to become a permanent resident does not preclude him from applying for temporary residency if it is clear he will leave Canada at the end of his authorized stay.

Decision

The court confirmed the border service officer’s decision, as there was no evidence that Barua intended to leave Canada upon the expiration of his work permit. The court also found Barua to have violated s. 20(1)(a) of the IRPA as he did not possess the requisite permanent residency application documents at the time of his interview.  The application for judicial review was dismissed.