Wu v. Canada (Citizenship and Immigration)

Wu v. Canada (Citizenship and Immigration)

The Officer reasonably found the Principal Applicant had not demonstrated the ability to perform the duties in the job offer given limited training (one‑year diploma), no prior HSW experience, and an inadequate PFL response; denying the 60‑day extension was justified because the requested extension would not have remedied the substantive deficiencies and the Applicants bore the evidentiary burden.

Citation
2025 FC 1589
Parties
Applicant (principal): Hsiao-Chiu Wu; Applicant (associate): Lung-Chen Lee; Applicant (minor): Yu-Jie Lee; Applicant (minor): Yue-Ting Lee; Respondent: Minister of Citizenship and Immigration
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 September 2025
Procedural Posture
Judicial Review of Refusal of Permanent Residence Under Home Support Worker Class / Final Judgment (application Dismissed)
Outcome
Application for judicial review dismissed.
Legal Topics
Home Support Worker Pilot (hsw) Program, Selection Criteria (ability to Perform Work), Extension of Time Requests, National Occupational Classification (noc) Assessment
Source Language
English
Immigration Law Administrative Law Judicial Review Procedural Fairness Home Support Worker Pilot (hsw) Program Selection Criteria (ability to Perform Work) Extension of Time Requests National Occupational Classification (noc) Assessment

Case Brief

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Parties

Hsiao-Chiu Wu

Applicant (principal)

Lung-Chen Lee

Applicant (associate)

Yu-Jie Lee

Applicant (minor)

Yue-Ting Lee

Applicant (minor)

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Judicial Review of Refusal of Permanent Residence Under Home Support Worker Class / Final Judgment (application Dismissed)

Legal Issues

  1. 1 Whether the Officer’s decision refusing permanent residence was reasonable
  2. 2 Whether the Officer breached procedural fairness by requesting employer documents and denying an extension
  3. 3 Whether the Officer was entitled to assess applicant suitability despite employer hiring decision

Ratio Decidendi

The Officer reasonably found the Principal Applicant had not demonstrated the ability to perform the duties in the job offer given limited training (one‑year diploma), no prior HSW experience, and an inadequate PFL response; denying the 60‑day extension was justified because the requested extension would not have remedied the substantive deficiencies and the Applicants bore the evidentiary burden.

Court Disposition

Application for judicial review dismissed.

Orders

  • The application for judicial review is dismissed.
  • There is no question to certify.