Last Updated on January 22, 2019
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 application was refused because she did not provide adequate proof of work experience.
The issue was whether the Immigration Officer erred in failing to explain what was inadequate regarding her proof of work experience before refusing her application.
According to the Court, it is not the duty of an Immigration officer to explain how the applicant could have produced better evidence of work experience. The burden is on the applicant to provide sufficient evidence to meet the statutory test.
The application for judicial review was dismissed.