255 result(s)
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1.
Marsoniya v. Canada (Citizenship and Immigration) - 2024 FC 660 - 2024-04-30
Federal Court Decisions[3] I find no reviewable error in the manner in which the Officer appears to have assessed the Applicant’s Work Permit application. [...] [6] The Applicant submitted the Work Permit under the Temporary Foreign Agricultural Worker Program pursuant to a Labour Market Impact Assessment [LMIA] which was approved on November 3, 2021. [...] In conducting such a review, the Court must assess the reasonableness of the decision based on a consideration of the relevant administrative setting, the record before the decision-maker, and the impact of the decision on those affected by it (Vavilov at paras 88-90, 94, 133-135).
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2.
Ghodsi v. Canada (Citizenship and Immigration) - 2024 FC 620 - 2024-04-24
Federal Court Decisionsissuance of a work permit under the C12 Labour Market Impact Assessment [LMIA] exemption for managerial/executive intra-company transferees pursuant to subsection 205(a) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [Regulations] and the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. [...] The Officer based his assessment on the following factors: • You were not able to demonstrate that you will be able to adequately perform the work you seek. [...] [6] A visa officer’s assessment for a temporary work permit requires a balancing of many factors.
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3.
Nazari v. Canada (Citizenship and Immigration) - 2024 FC 546 - 2024-04-09
Federal Court Decisions[5] On July 20, 2022, the Principal Applicant applied for a Labour Market Impact Assessment [LMIA] exempt work permit under the C-11 category of the International Mobility Program [a C-11 work permit]. [...] Instead, it is the reviewing court’s task to assess whether the decision as a whole is reasonable; that is, it is one that is based on an internally coherent and rational chain of analysis and that is justified in relation to the facts and law that constrain the decision-maker: Vavilov at para 85. [...] Although the Applicants disagree with the officer’s assessment of the business plan, I find that the officer reasonably considered all the evidence, including the business plan, in denying the Principal Applicant’s work permit application.
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4.
Tehranimotamed v. Canada (Citizenship and Immigration) - 2024 FC 548 - 2024-04-09
Federal Court Decisions[3] On February 8, 2022, he applied for a Labour Market Impact Assessment exempt work permit under the C-11 category of the International Mobility Program [a C-11 work permit]. [...] He submits that he is owed a relatively high level of procedural fairness because the decision is final and has an impact on his life and business. [...] The question instead is whether the officer’s assessment of the evidence, including the business plan, was reasonable.
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5.
Sadeghieh v. Canada (Citizenship and Immigration) - 2024 FC 442 - 2024-03-19
Federal Court DecisionsThe Principal Applicant applied for a work permit under the Labour Market Impact Assessment-exempt stream for entrepreneurs or self-employed candidates of the International Mobility Program [Program] pursuant to sections 200 and 205(a) of the Immigration and Refugee Protection Regulations (SOR/2002-227) [IRPR] of the [...] The Applicants challenge the Decision on the basis that the Officer unreasonably assessed their business plan. [...] However, the documentation provided focused on markets in the United States, and it was open for the Officer not to rely on it.
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6.
Popat v. Canada (Citizenship and Immigration) - 2024 FC 379 - 2024-03-06
Federal Court DecisionsIn support of her application, she provided a letter from her intended Canadian employer, a positive Labour Market Impact Assessment, letters from previous employers showing her employment history, and a refusal letter from Immigration, Refugees and Citizenship Canada (“IRCC”) denying her a visitor visa in 2017. [...] [20] At paragraph 35, Justice McDonald held that the date of the misrepresentation is the date to assess whether the misrepresentation could lead to an error in the administration of the Act. The Officer in this case considered whether the Applicant’s misrepresentation of her employment history could have induced an error [...] [23] In my opinion, the Officer reasonably assessed the Applicant’s application, consistently with the applicable jurisprudence.
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7.
Bumra v. Canada (Citizenship and Immigration) - 2024 FC 323 - 2024-02-28
Federal Court Decisions[3] In October 2021, the Applicant received a new job offer (the “Job Offer”) as a Cabinet Maker from True North Kitchen Cabinets Inc. (the “Employer”), in Surrey, B.C. The Employer submitted an application for Labour Market Impact Assessment (the “LMIA”) to Employment and Social Development Canada (“ESDC”) to hire the
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8.
Zendehdel v. Canada (Citizenship and Immigration) - 2024 FC 207 - 2024-02-09
Federal Court DecisionsThe Applicant’s business plan was to provide both information technology [IT] and digital marketing services, on an integrated basis, to medium and large-sized businesses. [...] Such applications are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). [...] The business plan appears unrealistic considering the already competitive and crowded market in this area of focus and in this particular part of Canada.
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9.
Patel v. Canada (Citizenship and Immigration) - 2024 FC 191 - 2024-02-06
Federal Court DecisionsMeanwhile, Adamas submitted a labour market impact assessment [LMIA] on April 3, 2019. [...] Whether a decision is reasonable depends on the relevant administrative setting, the record before the decision-maker, and the impact of the decision on those affected by its consequences: Vavilov at paras 88-90, 94, 133-135. [...] In the context of paragraph 40(1)(a) of the Act, the requirement of candour is invoked to assess the “withholding” aspect of the provision.
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10.
Prado v. Canada (Citizenship and Immigration) - 2024 FC 136 - 2024-01-26
Federal Court DecisionsThere may have been an attempt to apply for a work permit through the Labour Market Impact Assessment process, but this is unclear from the record. [...] In February 2022, Ms. Prado’s lawyer filed an update including that a psychological assessment had been completed, and that they were waiting on the psychologist (Dr. Hakim) to produce a written psychological assessment report (the “Psychological Report”). [...] The Supreme Court of Canada found the Officer’s failure to consider the impact of removal on mental health resulted in an unduly narrow approach to assessing the circumstances of an applicant (Kanthasamy at paras 45, 48; Natesan v Canada (Citizenship and Immigration), 2022 FC 540 at paras 39–40).
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11.
Azari v. Canada (Citizenship and Immigration) - 2024 FC 34 - 2024-01-10
Federal Court Decisions[2] The Applicant is a citizen of Iran who applied for a work permit under the Temporary Foreign Worker Program with a positive Labour Market Impact Assessment [LMIA] in the high wage stream.
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12.
Swanepoel v. Canada (Citizenship and Immigration) - 2024 FC 23 - 2024-01-05
Federal Court Decisions[1] The Applicant, Lizinda Swanepoel, applied for and obtained a work permit supported by a Labour Market Impact Assessment [LMIA] on December 20, 2019. [...] [16] The information contained in Ms. Swanepoel’s affidavits filed in this judicial review that explained Ms. Swanepoel’s circumstances and the efforts she had taken to attempt to come to Canada prior to the expiry of her visa was unfortunately not before IRCC and is excluded from my assessment.
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13.
Raveshi v. Canada (Citizenship and Immigration) - 2024 FC 15 - 2024-01-04
Federal Court Decisions[2] He applied for a work permit as the Chief Executive Officer of a start-up company, POYA Software Development Inc. [POYA] under Rule 205(a) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [IRPR], with the labour market impact assessment [LMIA] exemption code C12 as an intra-company transferee. [...] • Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses. [...] ... Guidelines when assessing start-up companies Requirements for the company
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14.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1754 - 2023-12-27
Federal Court DecisionsHis application for an employer-specific work permit, supported by a job offer for a two-year full-time temporary position as a long haul truck driver, was accompanied by a positive Labour Market Impact Assessment [LMIA] and his International English Language Testing System [IELTS] report. [...] An officer’s assessment of language ability is factual and discretionary.
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15.
Dulne v. Canada (Citizenship and Immigration) - 2023 FC 1736 - 2023-12-21
Federal Court DecisionsThey submit that the Decision is unreasonable primarily, although not solely, because the Officer failed to analyze the impact of the ADR and the fact that the Applicants are and will be for the foreseeable future unable to return to Haiti. [...] [37] As guided by Kanthasamy, the Officer assessing an H&C application must consider all the evidence presented. [...] In addition, the applicants lived in Haiti for most of their lives, worked in Haiti and acquired transferable skills in Canada, which will enable them to rebuild their network and join the Haitian labour market.
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16.
Nguyen v. Canada (Citizenship and Immigration) - 2023 FC 1617 - 2023-12-01
Federal Court Decisions[6] The job in Fort McMurray offered a wage of $17.50/hour, and the restaurant agreed to assume the cost of round-trip transportation for the PA. The restaurant obtained a positive Labour Market Impact Assessment [LMIA] on April 26, 2022. [...] The Applicants primarily take issue with the Officer’s assessment of the evidence and the lack of opportunity to address the Officer’s credibility concerns. [...] [20] In my view, the Officer’s reasons appear to be influenced by their credibility assessment of the PA’s employment history.
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17.
Hoxhaj v. Canada (Citizenship and Immigration) - 2023 FC 1574 - 2023-11-27
Federal Court DecisionsShe applied for a temporary work permit with a positive Labour Market Impact Assessment [LMIA] that was denied.
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18.
Shahbazian v. Canada (Citizenship and Immigration) - 2023 FC 1556 - 2023-11-23
Federal Court Decisions[4] The Applicant is a citizen of Iran who applied for a Labour Market Impact Assessment [LMIA] exempt work permit under the C11 category of the International Mobility Program. [...] The market is well-served in this area and the client gave limited reasons on how his business could remain competitive. [...] Given the timing, the Updated PDI could not have had an impact on the outcome of the Applicant’s application.
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19.
Keshmian v. Canada (Citizenship and Immigration) - 2023 FC 1544 - 2023-11-21
Federal Court Decisions[5] Prior to applying for permanent residence, as she was required, the Applicant had obtained a favourable Labour Market Impact Assessment [“LMIA”] issued by Employment and Social Development Canada [“ESDC”] for the same job offer. [...] There is no argument before me to suggest how an assessment under the 2006 NOC version could have been different. [...] [18] I agree with the Respondent that the Officer reasonably used NOC 7302 to assess the application.
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20.
Sedghi v. Canada (Citizenship and Immigration) - 2023 FC 1601 - 2023-10-10
Federal Court DecisionsUPON application for judicial review to set aside a decision of an officer of Citizenship and Immigration Canada (the “Officer”), dated August 8, 2022, in which the Officer refused the Applicant’s application for a Labour Market Impact Assessment exempt work permit under administrative code C11 pursuant to the International [...] Under the Guidelines, the first three factors are all considerations that visa officers can assess to determine the last point; that is, whether the business establishes a significant benefit. [...] The Applicant said these benefits would include boosting efficiency in the manufacturing sector, improving the competition mix, providing high value training, transferring knowledge, creating jobs, contributing to Canadian tax revenues, ameliorating the impact of Covid-19 on manufacturing and contributing to the standard of
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21.
Jamali v. Canada (Citizenship and Immigration) - 2023 FC 1328 - 2023-10-05
Federal Court DecisionsSales estimates appear to be based only on average obtainable market share; however, the estimates are high with over $299,000 in sales the first year with a small workforce of one computer engineer and one computer programmer. [...] The availability of niche markets would allow it to differentiate itself from other industry players; and [...] • c)Contrary to the officer’s finding that the requirements for a labour market impact assessment (“LMIA”) exception were not met and that the applicant had not presented a viable business plan that represented a significant benefit to Canada, the applicant argued that he had satisfied the requirements for an LMIA-exempt
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22.
Shams v. Canada (Citizenship and Immigration) - 2023 FC 1300 - 2023-09-26
Federal Court Decisions[6] In June 2022, Mr. Shams sought an intra-company transferee work permit (Labour Market Impact Assessment Exemption Code – C12) under the International Mobility Program. [...] This suggested a low likelihood of significant economic impact or the creation of viable jobs for Canadians or permanent residents. [...] Saba proposed to rely on its Iranian parent company for most of its skilled engineering labour.
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23.
Farboodi Langaroodi v. Canada (Citizenship and Immigration) - 2023 FC 1280 - 2023-09-22
Federal Court Decisions[8] On August 10, 2022, KCM Construction received a positive Labour Market Impact Assessment (“LMIA”). [...] Whether a decision is reasonable depends on the relevant administrative setting, the record before the decision-maker, and the impact of the decision on those affected by its consequences (Vavilov at paras 88-90, 94, 133-135). [...] It must be recalled, however, that decision-maker’s reasons are not to be assessed against a “standard of perfection” and must not be divorced from the institutional context in which the decision was made (Vavilov at para 91).
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24.
Punhani v. Canada (Citizenship and Immigration) - 2023 FC 1222 - 2023-09-08
Federal Court DecisionsThoughtStorm applied for a Labour Market Impact Assessment (“LMIA”) for the Applicant, which was approved on April 8, 2021. [...] The Applicant submits that the impact of the decision on the parties and his legitimate expectations are to be considered in determining the procedural fairness owed in this context. [...] The previous GCMS entry refers explicitly to “pre-assessment notes” regarding the application, signifying that the Officer responsible for assessing the application and rendering the final decision had not yet seen the application in its totality.
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25.
Sharma v. Canada (Citizenship and Immigration) - 2023 FC 1167 - 2023-08-29
Federal Court DecisionsOn November 4, 2020, Employment and Social Development Canada issued a positive Labour Market Impact Assessment [LMIA] to 0800126 BC Ltd to hire a temporary foreign worker as a Motel Manager at a Days Inn in British Columbia.