1,035 result(s)
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226.
Akinbile v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 255 - 2017-03-02
Federal Court Decisions[1] Tomiwa Akinbile seeks judicial review of the decision of a visa officer at the Canadian High Commission in Accra, Nigeria, refusing his application for permanent residence as a federal skilled worker, and declaring him inadmissible to Canada for five years due to misrepresentation. [...] [4] In October of 2014, Mr. Akinbile applied for permanent residence in Canada as a skilled worker under the Federal Skilled Worker program. [...] the officer’s concern with respect to the authenticity of Mr. Akinbile’s October 9, 2014 employment letter was heightened when the officer observed that a second visa applicant (KA) had provided an identical GTBank introduction letter, also dated October 9, 2014, in support of his own federal skilled worker application.
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227.
Samad v. Canada (Citizenship and Immigration) - 2015 FC 30 - 2015-01-08
Federal Court DecisionsIn April 2006, Ms. Baligh was granted a permanent resident visa in the Federal Skilled Workers class under the Act. This visa request included her husband and their two children. [...] Indeed, despite their establishment, the IAD did not deem their economic contribution to Canadian society to be sufficient given that they had been permanent residents for seven years at the time of the hearing and had been selected under the Federal Skilled Workers class, a class of immigrants expected to contribute [...] to Canada’s economy, considering their contribution potential and the fact that Ms. Baligh obtained her permanent residency in the Federal Skilled Workers class, a category of applicants for permanent residency selected for their higher education, experience and skills and capacity to contribute to Canadian society.
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228.
Kapoor v. Canada (Citizenship and Immigration) - 2017 FC 1002 - 2017-11-06
Federal Court Decisions[10] As noted by the Federal Court of Appeal in Qin v Canada (Citizenship and Immigration), 2013 FCA 263 at para 25, [2015] 1 FCR 313: “A visa officer’s refusal of an application for permanent residence on the ground that an applicant’s employment was not consistent with an occupation in an NOC code of the required skill [...] B. Was the Officer’s decision to refuse the Applicant’s application for a permanent residence visa under the CEC reasonable? [...] On the contrary, the Applicant was afforded two opportunities to respond to the concerns about her application for permanent residence.
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229.
El Habet v. Canada (Citizenship and Immigration) - 2009 FC 776 - 2009-07-29
Federal Court Decisions[1] Rami El Habet seeks judicial review of the decision of a visa officer refusing his application for permanent residence as a skilled worker. [...] To qualify as a skilled worker, a candidate needs to obtain 67 points. [...] [12] I will assume for the purposes of this decision that it is open to a visa officer to take H&C factors into account in assessing an application for permanent residency as a skilled worker.
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230.
Shaker v. Canada (Minister of Citizenship and Immigration) - 2006 FC 185 - 2006-02-10
Federal Court Decisions72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act) of a negative decision of Immigration Officer Lorie Jane Turner (the Officer) dated April 20th, 2005, regarding the applicant's application for a permanent resident visa as a member of the economic class in the skilled worker category. [...] [5] In December 1999, the applicant submitted an application for permanent residence in the economic class - skilled worker category. [...] 79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must
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231.
Suri v. Canada (Citizenship and Immigration) - 2016 FC 589 - 2016-05-27
Federal Court Decisions[1] This is a judicial review, pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act], of a decision by Citizenship and Immigration Canada Program Manager [the Officer] to refuse a permanent residence visa under the Federal Skilled Worker [FSW] class to the Principal Applicant. [...] 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation [...] Now that I am applying for [Permanent Residence] which is a skilled worker program, I had furnished my primary regular and full-time profession details, i.e. I am working with Makkar Construction Company from 2007.
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232.
Oladimeji v. Canada (Citizenship and Immigration) - 2022 FC 183 - 2022-02-11
Federal Court Decisions[14] Paragraph 29(2)(a) of the Ministerial Instructions incorporates the definition of “arranged employment” found in subsection 82(1) of the IRPR. Section 82 falls within a series of provisions in the IRPR governing selection criteria for members of the federal skilled worker class: IRPR, ss 76–83. [...] The section governs the points that will be awarded to a skilled worker for “arranged employment.” That term is defined as follows: [...] [22] Mr. Oladimeji submitted his application for permanent residence as a member of the Canadian experience class on September 25, 2018.
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233.
Ilesanmi v. Canada (Citizenship and Immigration) - 2017 FC 137 - 2017-02-07
Federal Court Decisions[1] This is an application for judicial review of the decision of an Immigration Officer (“Officer”), dated May 24, 2016, refusing the Applicant’s application for permanent residence, made pursuant to the Federal Skilled Worker program, as the Applicant failed to meet the financial requirements of s 76(1)(b) of the [...] He applied for permanent residence under the Federal Skilled Worker program on or about November 2014. [...] [9] The standard of review that applies to an officer’s assessment of an application for permanent residence under the Federal Skilled Worker program, including the officer’s assessment of the evidence submitted in support of that application, is reasonableness (Roberts v Canada (Citizenship and Immigration), 2009 FC 518 at
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234.
Zuoxin v. Canada (Minister of Citizenship and Immigration) - 1998-10-28
Federal Court Decisionsa) An order for a writ of certiorari quashing the negative decision of the Immigration Counsellors at the Canadian Consulate General in Hong Kong, China, which was rendered on January 15, 1998, whereby the applicant's application for permanent residence made pursuant to the Independent-Skilled Worker category was refused. [...] b) An order for a writ of mandamus directing the respondent to process the applicant's application for permanent residence made pursuant to the Independent-Skilled Worker category in a favourable manner; or, in the alternative, referring the matter to a different visa officer for a redetermination of the application. [...] The applicant relied on the affidavit of his agent who filed his application for permanent residence in Canada but who did not claim to be present at the interview.
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235.
Koo v. Canada (Citizenship and Immigration) - 2008 FC 931 - 2008-07-31
Federal Court DecisionsThe officer’s determination that the applicant did not meet the necessary requirements in order to be granted permanent residence in Canada as a skilled worker is not in dispute. [...] He submitted an application for permanent residence as a skilled worker to the Canadian High Commission in London, England, which was refused. [...] [5] In October 2005, the applicant submitted an application for permanent residence as a Skilled Worker to the Canadian Consulate General in Buffalo.
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236.
Abbasi v. Canada (Citizenship and Immigration) - 2013 FC 278 - 2013-03-18
Federal Court Decisions[1] Mr. Abbasi, his wife and dependent child (the Applicants) are citizens of Pakistan who wish to come to Canada as permanent residents. [...] To this end, Mr. Abbasi filed an application for permanent residence as a Federal Skilled Worker. [...] [5] To succeed in his application for permanent residence as a Federal Skilled Worker, Mr. Abbasi had to first establish that he met the test for “skilled worker” set out in s. 75(2) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the Regulations].
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237.
Alam v. Canada (Citizenship and Immigration) - 2008 FC 419 - 2008-04-02
Federal Court DecisionsIn her decision, dated February 14, 2007, the Applicant’s application for permanent residence, as a member of the federal skilled worker class, was rejected. [...] [2] The Applicant submitted his application for permanent residence in July 2004. [...] 79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must
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238.
Paul v. Canada (Citizenship and Immigration) - 2015 FC 1179 - 2015-10-19
Federal Court DecisionsIn October 2014, the Applicant applied for permanent residence under the Federal Skilled Worker class and identified, in his application, Senior Manager under two separate managerial occupations (NOC 0013 and NOC 0015) but only identified NOC 0015 as is current occupation. [...] [7] The assessment by an Officer of the Applicant’s eligibility to permanent residence pursuant to the Federal Skilled Worker class is a determination of mixed fact and law reviewable under a standard of reasonableness (Ansari v Canada (Minister of Citizenship and Immigration), 2013 FC 849; Shirazi, above). [...] [8] It is well established that a high degree of deference is owed to decisions of an Officer on an assessment of an application for permanent residence under the Federal Skilled Worker class (Katebi v Canada (Minister of Citizenship and Immigration), 2014 FC 813 at para 36 [Katebi]; Shirazi, above at para 15; Taleb, above
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239.
Babic v. Canada (Employment and Social Development) - 2016 FC 174 - 2016-02-09
Federal Court DecisionsFor that reason the worker needs to have both carpentry and welding skills. [...] Of 50 applicants only 40 were either Canadian citizens or permanent residents. [...] (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
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240.
Coube De Carvalho v. Canada (Citizenship and Immigration) - 2019 FC 1485 - 2019-11-21
Federal Court DecisionsThis was relevant to his work permit application as the Applicant was issued an open work permit on the basis of his marriage to a skilled worker, his wife. [...] Mr. Martino states C41 applies to spouses or common law partners of skilled persons coming to Canada as foreign workers. [...] [34] Here, the Applicant was aware that his eligibility for a work permit was tied to his marriage to his spouse, who was classified as a skilled worker.
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241.
El-Souri v. Canada (Citizenship and Immigration) - 2012 FC 466 - 2012-04-20
Federal Court Decisions[2] In 2007 the Applicant applied to immigrate to Canada under the “Skilled Worker” category. [...] He applied for permanent residence under the federal skilled worker class and the process under the Immigration and Refugee Protection Act and the Regulations provides for an assessment of clear and specific criteria under a points system leaving little discretion to visa officers and which does not normally require an [...] Though the decision to grant or not an application for permanent residence under the federal skilled worker class is obviously important to the individual affected, it is not such as to affect the fundamental freedoms or other fundamental rights of an applicant, such as a criminal proceeding or, in the immigration context,
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242.
Kaur v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 549 - 2017-06-05
Federal Court DecisionsIn the result, the Applicant’s application for permanent residency as a member of the skilled worker class was refused. [...] [2] The record discloses that after applying for permanent residency, the Applicant married a Canadian permanent resident. [...] The withdrawal request was refused and the application under the skilled worker class went forward.
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243.
Gunther v. Canada (Citizenship and Immigration) - 2009 FC 875 - 2009-09-04
Federal Court DecisionsException — transitional skilled worker class (2.1) The following persons are not required to pay the fees referred to in subsection (1): [...] (a) a person described in paragraph 85.1(2)(a) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2); and [...] (b) a person described in paragraph 85.1(2)(b) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2), if the fees for
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244.
Keryakous v. Canada (Citizenship and Immigration) - 2015 FC 325 - 2015-03-16
Federal Court Decisions[1] This is an application for judicial review of a decision of a visa officer of the Embassy of Canada in Cairo, Egypt, refusing Ms. Keryakous’ application for permanent residence in the Federal Skilled Worker class [FSW class]. [...] Mr. Youssef’s status as a permanent resident did not address the officer’s concern that he may be living and working outside of Canada. [...] 1. Did the officer err in failing to exercise his discretion to approve Ms. Keryakous’s skilled worker application given the unique circumstances of this case?
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245.
Kniazeva v. Canada (Minister of Citizenship and Immigration) - 2006 FC 268 - 2006-02-28
Federal Court DecisionsB) The criteria of the IRP Regulations, pertaining to federal skilled workers. [...] There is no doubt in my mind that the assessment of an Applicant for permanent residence under the Federal Skilled Worker Class is an exercise of discretion that should be given a high degree of deference. [...] Pursuant to that provision, an applicant could have become a permanent resident as a member of the federal skilled worker class by qualifying under either the former Act's regulation or the IRPR. Thus, it was incumbent on the visa officer to conduct an assessment under both.
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246.
Cabra v. Canada (Citizenship and Immigration) - 2015 FC 822 - 2015-07-03
Federal Court DecisionsAs a result, the Applicant applied for permanent residence pursuant to subsection 12(2) of the Immigration and Refugee Protection Act. SC 2001, c 27 [the Act] and section 87.2 of the Immigration and Refugee Protection Act Regulations, SOR/2002-227 [the Regulations] as a member of the Federal Skilled Workers class [the FSW [...] a third application for permanent residence in the Spring of 2013 under the new Federal Skilled Trades Program, the Applicant claims that he was advised by his counsel that the government would, under any circumstances whatsoever, refuse to consider “substituted evaluation” for any permanent residence applications submitted [...] [7] In particular, the Plaintiffs allege that they all applied for permanent resident status as members of the Federal Skilled Trades Class and met all of the requirements of the Act and Regulations with respect to that Class, except for the language requirement.
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247.
Fredy’s Welding Inc. v. Canada (Employment and Social Development) - 2017 FC 7 - 2017-01-03
Federal Court DecisionsThe Applicant stated that despite extensive recruitment efforts it had been unable to find a Canadian or permanent resident candidate with the required skill set and experience to fill the position. [...] They also indicate the Applicant’s efforts to hire a Canadian or permanent resident in Canada. [...] (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
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248.
Nauman v. Canada (Citizenship and Immigration) - 2013 FC 188 - 2013-02-25
Federal Court Decisions72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], for judicial review of a Visa Officer’s (the Officer) decision, rendered May 4, 2012, denying the Applicant’s application for permanent residence as a member of the Federal Skilled Worker [FSW] class under subsections 87.3 (2) and (3) of IRPA. [...] [4] Around December 12, 2009, the Applicant submitted an application for permanent residence in Canada under the FSW class. [...] Skilled workers 75(2) A foreign national is a skilled worker if (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in
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249.
Ransanz v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 1109 - 2015-09-23
Federal Court Decisions9. (1) Where a province has, under a federal-provincial agreement, sole responsibility for the selection of a foreign national who intends to reside in that province as a permanent resident, the following provisions apply to that foreign national, unless the agreement provides otherwise: [...] [19] The respondent further argues that different requirements apply for applicants falling within the Provincial Nominee Class as a class of skilled workers, and for those who are selected by the province as investors. [...] [27] To summarize, under the IRPA, it is the federal government who has the final authority to grant permanent resident visas to foreign nationals.
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250.
Gedara v. Canada (Citizenship and Immigration) - 2016 FC 209 - 2016-02-17
Federal Court DecisionsImmigration and Refugee Protection Act, SC 2001, c 27 [the Act] of the negative substituted evaluation decision of a visa officer, dated April 10, 2015, concurring with another officer’s previous assessment and refusal of the Applicant’s application for permanent residence as a member of the Federal Skilled Worker class. [...] [2] Suresh Bandara Abeywardane Godabadde Gedara [the Applicant], a citizen of Sri Lanka, applied for permanent residence as a member of the Federal Skilled Worker [FSW] class under the occupation of Medical Radiation Technologist (NOC 3215) in April 2014. [...] If an officer decides to use substituted evaluation when the applicant did meet all the requirements to become a member of the federal skilled worker class (i.e., negative substituted evaluation), the officer will