IMM-2980-09<\/p>\n
2010 FC 54<\/p>\n
January 20, 2010<\/p>\n
Principle Established: A foreign worker should not be refused a WP based on his future intent of becoming a PR.<\/p>\n
The Applicant was a working as a cook in Sri Lanka. He made two applications for WP following LMO approvals, but was refused. He initially applied as a cook, but the visa officer found that he was not qualified enough to work as a cook. He subsequently secured a job as kitchen helper with another employer, but this time his WP he was refused because the visa officer could not understand why the applicant would accept a job as a helper while he was a cook. The visa officer also determined that the applicant was not a genuine foreign worker based on his future intent of becoming a PR.<\/p>\n
The issue is whether the second visa officer erred in his decision about granting the WP.<\/p>\n
The court found out that the visa officer failed to consider the applicant\u2019s intention of gaining Canadian experience while working as a helper and aspire to become a cook.<\/p>\n
The court also decided that the applicant should not be refused a WP based on his future intent to become a PR as long as the visa officer is satisfied that the applicant will leave at the end of his permit and not remain in Canada illegally.<\/p>\n
The application for judicial review was allowed.<\/p>\n
WP: Work Permit<\/p>\n
PR: Permanent Resident<\/p>\n","protected":false},"excerpt":{"rendered":"
IMM-2980-09 2010 FC 54 January 20, 2010 Principle Established: A foreign worker should not be refused a WP based on his future intent of becoming a PR. The Applicant was a working as a cook in Sri Lanka. He made two applications for WP following LMO approvals, but was refused. He initially applied as a…<\/p>\n","protected":false},"author":481,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5524,5511,5530,3337],"tags":[],"class_list":{"0":"post-13689","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-5524","7":"category-c99-canada-case-law-fr","8":"category-january-fr-2","9":"category-non-classifiee","11":"category-5511","12":"category-5530","13":"category-3337","14":"description-off"},"acf":[],"_links":{"self":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/13689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/users\/481"}],"replies":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/comments?post=13689"}],"version-history":[{"count":0,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/13689\/revisions"}],"wp:attachment":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/media?parent=13689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/categories?post=13689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/tags?post=13689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}