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Date: 20250929


Docket: IMM-17895-24

Citation: 2025 FC 1610

Toronto, Ontario, September 29, 2025

PRESENT: The Honourable Justice Battista

BETWEEN:

WEN YIN

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

JUDGMENT AND REASONS

(delivered from the bench on September 29, 2025)

[1] The Applicant challenges a refusal of her application for permanent residence under the Atlantic Immigration Class.

[2] As a candidate for the Class, the Applicant was required to demonstrate, among other criteria, work experience that was at or below the Training, Education, Experience, and Responsibility (TEER) level for the occupation in which she received an endorsed job offer from the immigration authorities in Newfoundland and Labrador.

[3] The Applicant submitted a work experience verification letter that described many duties belonging to managerial occupations in a TEER level above that of the job offer. Accordingly, the Officer refused the permanent residence application because the job offer did not meet the requirements of subparagraph 87.3(6)(d)(iii) of the Immigration and Refugee Protection Regulations, SOR/2002-227.

[4] The question for the Court is not whether another interpretation of the Applicant’s employment verification letter is reasonable, but whether the Officer’s interpretation of the letter is reasonable. Based on the amount of the managerial duties described in the work verification letter, I find that the Officer’s interpretation was reasonable.

[5] Finally, the Officer’s failure to provide reasons for not granting relief under section 24 or section 25 of the Immigration and Refugee Protection Act, SC 2001, c 27, was not unreasonable given the absence of any request for such relief.

 


JUDGMENT in IMM-17895-24

THIS COURT’S JUDGMENT is that:

  1. The application for judicial review is dismissed.

  2. There is no question for certification and no order regarding costs.

"Michael Battista"

Judge


FEDERAL COURT

SOLICITORS OF RECORD


DOCKET:

IMM-17895-24

STYLE OF CAUSE:

WEN YIN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:

Toronto, Ontario

DATE OF HEARING:

SEPTEMBER 29, 2025

JUDGMENT AND REASONS:

BATTISTA J.

DATED:

SEPTEMBER 29, 2025

APPEARANCES:

Wennie Lee

For The Applicant

Charles J. Jubenville

For The Respondent

SOLICITORS OF RECORD:

LEE & COMPANY

Immigration Advocacy, Counsel & Litigation

Toronto, Ontario

 

For The Applicant

Attorney General of Canada

Toronto, Ontario

 

For The Respondent

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