November 22, 2024
Federal Court Reverses Work Permit Denial, Ensuring Client and Family’s Canadian Immigration Success
Our client approached us after their work permit application as an intra-company transferee was refused. The visa officer determined that there was no “qualifying relationship” between our client’s current employer and the proposed Canadian employer, a key requirement for intra-company transferee applications. This decision also resulted in the refusal of dependent applications for the client’s spouse and child.
Upon reviewing the decision, we identified critical flaws in the visa officer’s reasoning, particularly a mischaracterization of the evidence submitted. The officer incorrectly concluded that the offer of employment was made by an unrelated third party rather than the Canadian employer, despite clear documentation showing the employer’s correct legal identity and its qualifying relationship with the client’s current employer.
Our legal team brought the case to the Federal Court, arguing that the officer’s findings were unreasonable as they misapprehended the evidence, failed to account for critical details, and did not align with established guidelines for assessing work permit applications under the intra-company transferee program.
The Federal Court agreed, finding that the visa officer had fundamentally misunderstood the evidence, including the employer’s legal operating name and corporate relationships. The Court determined that this misapprehension rendered the decision unreasonable. Consequently, the Court set aside the refusal and remitted the client’s work permit application, as well as the dependent applications for the client’s spouse and child, for redetermination by Immigration, Refugees and Citizenship Canada (IRCC).
This outcome highlights our commitment to ensuring fairness in immigration decisions and addressing administrative errors that affect families and careers. We are pleased to have assisted our client in overcoming this hurdle and moving closer to their goal of working and living in Canada.