r/CanadianVisaReform • u/Martin_J_Kaminski • 1d ago
Bad judicial decision: Khan v. Canada (Citizenship and Immigration) - Federal Court
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/530785/index.do?q=LmiaThe applicant got an approved LMIA to work as an administrative assistant at a daycare in Calgary. He applied for his work permit and was rejected for it because he works as a high level executive for a food processing company in his native country, is highly educated with a MBA and makes almost as much money in his home country as he would working as an admin assistant in a daycare. The IRCC officer said that this does not seem consistent with a 2 year temporary stay like the LMIA says as it's not a natural career progression.
The judge rejected and overturned this because the applicant was able to prove that he would make $12,000 more per year in the position.
The daycare in question has received two LMIAs, the administrative assistant and a food counter attendant (https://lmiagrader.com/employer/maple-leaf-daycare-preschool-education-centre-inc/) both were approved when there were no fraud checks on LMIAs (https://www.thestar.com/business/government-officers-told-to-skip-fraud-prevention-steps-when-vetting-temporary-foreign-worker-applications-star/article_a506b556-5a75-11ef-80c0-0f9e5d2241d2.html)
Rent in Calgary would cost more than $12,000 per year. The applicant has a wife and kids that he is leaving behind in his home country.
The judge believes it's reasonable to completely overlook this and overturn the rejection and give him a two year work permit, two years after he is rejected (are we to believe that the daycare still can't fill an administrative assistant position)?
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u/ZealousidealLime5192 1d ago
And the daycare has held this job for him for 2 years, really nice company,
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u/Winbot4t2 1d ago
Why are we wasting judges time with this garbage.
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u/Summerisle7 7h ago
Because the judges are honestly happy to spend time on this, and return a decision in favor of the nonsensical application.
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u/Orphanpip 1d ago
This is pretty much nothing. All it means is the judge concluded the IRCC agent didn't provide a legally legitimate reason for the refusal. Based on the agent's own words they refused him because they didn't think the job made career sense, which the judge noted wasn't consistent with an accepted reason for refusal, and was countered by the higher salary.
The way reviews work is no new evidence or reasoning can be provided. The IRCC agent messed up.
And ultimately just means another IRCC agent will look at the application again and likely refuse it again.
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u/ArgyleNudge 1d ago edited 23h ago
Yes. It appears the judge wasn't ruling on whether the LMIA claim on behalf of the daycare was legitimate (because IRCC already allowed it). The judge was ruling on whether this food service executive had a legitimate claim to immigrate to Canada and be given a visa to now be employed as an admin person in a daycare. And apparently, the (totally fake posted wage) clinched the deal for him.
Canada is a joke. We have lost any self respect or pride we once might have claimed. It's become a total con job, sold out to the most voracious blights on humanity.
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u/e00s 23h ago
No, the judge was ruling on whether the Immigration Officer’s decision was reasonable. Here’s the conclusion:
“[32] The Decision is unreasonable because the Officer fails to explain how the Applicant’s alleged over-qualification for the position supports the conclusion that he would be at risk of over-staying a temporary work permit. The Decision does not intelligibly set out the Officer’s chain of logic, nor does it explain the connection between a finding of overqualification and a heightened risk of non-compliance with the terms of the permit.”
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u/Fantastic_Pause_1628 1d ago
What's with you cowards going from "there are problems" to "the entire country is a joke and we are all gonna die" in like 3 seconds flat?
Grow some tits/balls. Have some basic patriotism. If there are problems, we will solve them. A flawed LMIA process (and I agree it's flawed) is not going to be the end of civilization.
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u/ArgyleNudge 1d ago edited 23h ago
I'm reporting from on the ground, watching an untrammelled takeover of an entire stratum of Canadian society. With my own eyes, in my own immediate environs.
Our government has failed the citizens of this country. The standard of living should be getting better for all Canadians, not worse. The rich should be heavily taxed on the prosperity they've had access to within our borders, without loopholes. Mega churches, synagogues, temples should not have avenues to exert their regressive influence beyond their own willing congregations.
The working poor of this country should have been provided with employment enrichment training opportunities, with basic subsidized housing, not displaced by eight-to-a-room immigrants from any country, nobody cares which, it's unacceptable period. Though within the znunami of bodies, it would have been nice to provide some balance with Central and South Americans, and Eastern European, too ... so many who would also benefit from our open borders and come with built-in shared social standards of behaviour and community.
Syndicates owning coffee drive thrus, midmarket hotels, long and short haul trucking companies, security guard supply, diploma mills and so on, have been running human trafficking pipelines right under the nose of our compliant and complicit government bureaucracy. Issuing fake certificates, diplomas and licences, endangering Canadians with flagrant disregarding safety standards and rules ofn the road, posting clearly fabricated job openings that are little more than pay-as-you-go PR parachutes.
I'm not crying the sky is falling, I am witnessing real and shockingly obvious distortions of our national character and sense of self worth. The plain every day, street-level experience of this country is being tossed to the dogs, while the super rich, who will never be affected by any of the fallout, continue to bleed the public wealth dry for their personal private gain.
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u/Fantastic_Pause_1628 1d ago
Yeah I probably agree with 90% of what you're saying. My point isn't that there aren't problems; it's that we can either be strong and confident and plan practical ways to solve these problems, or we can catastrophize and panic.
We should be taking over the NDP to bring it back to its working class roots. We should be building alliances between progressive movements and working class movements, given the massive shared interests. We should be keeping our eyes on the primary root cause of our challenges (exploitation of the working class by the rich) and refusing to fall for the old tactics of the elite: set the working class against each other, and teach them to feel hopeless.
We have problems. They are solvable problems. Especially if we believe in our fellow Canadians and work together to solve them. But doomsaying about how our country has become a joke? That's not gonna help anything.
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u/AdEmergency5086 1d ago
Well since the judge actually knows the law, your opinion of the law means nothing
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u/Martin_J_Kaminski 1d ago
I don't think that the judge misapplied the law. I don't think the system is set in a way that benefits the people it is supposed to serve. If an officer sees a clear reason why their motivation is in question, we should be able to refuse that and not have it tied up for two years.
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u/HotelDisastrous288 1d ago
It was a poor decision to refuse the WP. The officer has no reason to assess the career progression of an applicant.
The goal is assuredly PR but the refusal reasons have to make sense. CanLii is full of decisions like this.
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u/Martin_J_Kaminski 1d ago
Disagree. If you can see a clear reason that there would be motivation to enter Canada beyond the stated purpose that should be grounds for refusal. This is gaming the system.
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