By Dana Kyle (Case Manager), Laura Schemitsch & Will Tao (Canadian Immigration Lawyers)
Our client from the Republic of Tajikistan was successful in their LMIA-based work permit application after they contacted us following the refusal of their application.
Background
The Applicant received a job offer supported by a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (‘ESDC’) for a full-time skilled position. The employer was issued an approved High Wage LMIA naming the Applicant as the prospective employee. The Applicant applied for the work permit under the Temporary Foreign Worker Program (TFWP) from outside Canada in March 2023.
The Applicant’s work permit was refused in April 2023 for “failing to demonstrate that they could adequately perform the work sought,” despite strong supporting evidence provided by the Applicant related to his previous work experience and education to demonstrate that he was able to adequately perform the job sought.
How did our lawyers help?
Following the refusal of the Applicant’s work permit, the Applicant’s prospective employer reached out to Heron Law Offices for assistance. In May 2023, Heron Law Offices submitted an Application for Leave and Judicial Review to the Federal Court to challenge the Officer’s decision regarding the work permit refusal.
Our office challenged the work permit refusal on the basis that the decision was unreasonable, and that the Officer ignored and misconstrued relevant evidence provided by the Applicant regarding his work and education history which resulted in a factually incorrect analysis by the Officer.
Following the Judicial Review of the Applicant’s work permit refusal, the Applicant received a settlement letter from the Federal Court noting that the Applicant’s application for a work permit would be sent back for redetermination by a different immigration Officer, and they would be provided with an opportunity to submit further documentation in support of their work permit application.
After submitting updated documents to IRCC, the Applicant received a Work Permit passport request in March 2024.
How we can help you
As with many of our previous success stories, this success story highlights the importance of the judicial review process in Canadian immigration when Applicants experience a refusal, particularly when that refusal seems illogical and unwarranted. If you receive a refusal of your immigration application, contact our Heron Law Offices to learn about the steps you can take to learn more about and potentially challenge your immigration or refugee refusal.
For more information about obtaining a work permit under the TFWP or International Mobility Program, or if you are an employer who needs more information about LMIAs, contact us to book a consultation.
