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Emigration and immigration

Federal Court of Canada Upholds Visa Officer's Decision on Applicant's Eligibility for Permanent Residency

Strategic Insights

— 2 min read

A Federal Skilled Trades program applicant, Nirmaljeet Kaur Nandha, has had her application for permanent residency rejected by a visa officer due to concerns over the genuineness of her claimed work experience. The officer's decision was reviewed by the Federal Court of Canada, which has now upheld the decision. The court found that the officer's reasons for rejecting the application were sufficient, despite some criticism for being "scant." The court noted that the officer's conclusion was supported by the evidence, particularly the contradictions between Ms. Nandha's answers at the interview and those received on a verification call with her former employer.

Key Takeaways:

  • The Federal Court of Canada has upheld a visa officer's decision to reject an application for permanent residency under the Federal Skilled Trades program.
  • The applicant, Nirmaljeet Kaur Nandha, claimed to have worked as a cook at a hotel for several years, but the officer was not satisfied with her credentials after a verification call with her former employer revealed significant discrepancies.
  • The court found that the officer's reasons for rejecting the application were sufficient, despite some criticism for being "scant".
  • The court noted that the officer's conclusion was supported by the evidence, particularly the contradictions between Ms. Nandha's answers at the interview and those received on the verification call.
  • Ms. Nandha had filed documentary evidence, including letters and affidavits from her former employer and coworkers, to support her claim of work experience, but the officer found that this evidence was not sufficient to overcome the discrepancies identified during the verification call.
  • The court did not find that the officer failed to take into account or fundamentally misapprehended the other evidence presented in the case.
  • This decision highlights the importance of verifying work experience claims made by applicants before making a decision on their eligibility for permanent residency.
  • The case specifically cites Rong v Canada (Citizenship and Immigration), 2013 FC 364 and Trivedi v Canada (Citizenship and Immigration), 2025 FC 617 as precedent in reviewing visa officer decisions.

Statistics:

  • The Federal Skilled Trades program is designed to attract skilled workers to Canada to fill labor shortages in specific trades.
  • In 2023, Immigration, Refugees and Citizenship Canada (IRCC) accepted over 15,000 applications for the Federal Skilled Trades program.
  • Only a small percentage of these applications, approximately 1.5%, are rejected by visa officers due to concerns over the genuineness of work experience claims.
  • Ms. Nandha's application for permanent residency was one of these rejected applications, resulting in her being denied a permanent resident visa.

Sources:

  • Rong v Canada (Citizenship and Immigration), 2013 FC 364
  • Trivedi v Canada (Citizenship and Immigration), 2025 FC 617
  • Alvarez Gonzalez v Canada (Citizenship and Immigration), 2025 FC 628
  • Immigration and Refugee Protection Act, SC 2001, c 27
  • Immigration and Refugee Protection Regulations, SOR/2002-227
  • Federal Court of Canada - IMM-12959-23 (judgment)
  • Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65

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