Nusrath v. Canada (Citizenship and Immigration)
- Citation
- 2020 FC 767
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 17 July 2020
- Posture
- Judicial Review of Refusal of Work Permit Application / Judgment and Remittal
- Language
- English
More details
- Court
- Federal Court
- Decision
- 17 July 2020
- Posture
- Judicial Review of Refusal of Work Permit Application / Judgment and Remittal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Officer's decision was unreasonable because it relied on subjective views about the Applicant's ability to care for three children and failed to justify its conclusion on the record; the proper remedy is to allow the judicial review and remit the matter to a different officer for re‑determination.
Court disposition
Application for judicial review allowed; matter remitted to a different officer for re-determination
Orders
- Application for judicial review is allowed
- Decision of the Visa Officer is set aside
- Matter remitted to a different officer for re-determination
- No question for certification arising
02
Material facts
Parties
Nusrath
Applicant Counsel: Lorne WaldmanThe Minister of Citizenship and Immigration
Respondent Counsel: Lorne McClenaghan03
Procedural history
Posture
Judicial Review of Refusal of Work Permit Application / Judgment and Remittal
04
Questions and positions
Legal issues
- 01
Whether the Applicant demonstrated she could perform the work as a live-in caregiver for three children
- 02
Whether the Visa Officer applied the proper legal standard and provided reasons meeting the reasonableness standard
- 03
Whether the Officer impermissibly relied on subjective views in assessing the Applicant's ability
Party arguments
- Applicant
- Applicant argued the Officer's refusal was unreasonable, relied on subjective assessments of her ability despite evidence of education and an LMIA, and failed to provide justifiable, transparent reasons.
- Respondent
- Respondent maintained the Officer properly concluded the Applicant failed to show she could perform the work and that the refusal was justified.
05
Court’s reasoning
Legal principles
- 01
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
A decision involving mixed fact and law is reviewable on the reasonableness standard
- 02
Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190
The reasonableness standard requires decisions to be justifiable, transparent and intelligible and to fall within a range of defensible outcomes
- 03
Russom v. Canada (Citizenship and Immigration), 2012 FC 1311
Decision‑makers must not apply subjective views when assessing an applicant's ability; they must follow established guidance
- 04
Federal Court judgment (Nusrath v. Canada, 2020 FC 767)
Where a decision is unreasonable the court may set it aside and remit the matter to a different decision‑maker for redetermination
06
Ratio, limits and disposition
Ratio decidendi
The Officer's decision was unreasonable because it relied on subjective views about the Applicant's ability to care for three children and failed to justify its conclusion on the record; the proper remedy is to allow the judicial review and remit the matter to a different officer for re‑determination.
Obiter and limits
- No question for certification arising
- Applicant provided evidence of education and an LMIA that required proper consideration
- Application of Vavilov and Dunsmuir standards guided the review
Court disposition
Application for judicial review allowed; matter remitted to a different officer for re-determination
- Application for judicial review is allowed
- Decision of the Visa Officer is set aside
- Matter remitted to a different officer for re-determination
- No question for certification arising
Source and reliance status
Federal Court · 17 July 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 17 July 2020
Nusrath v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2020-07-17 Neutral citation 2020 FC 767 File numbers IMM-4194-19 Decision Content Date: 20200717 Docket: IMM-4194-19 Citation: 2020 FC 767 St. John’s, Newfoundland and Labrador, July 17, 2020 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:
NUSRATH Applicant and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION Respondent
JUDGMENT AND REASONS [1] Ms. Nusrath (the “Applicant”) seeks judicial review of the decision of a Visa Officer (the “Officer”) denying her application for a work permit made pursuant to the Immigration and Refugee Protection Regulations, SOR/2002-227 (the “Regulations”). [2] The Applicant, a citizen of India, applied for a work permit to work as a live in caregiver for a family of three boys aged 11, 14 and 17. Among other things, she provided evidence about her education and a Labour Market Impact Assessment (“LMIA”). [3] The Officer refused the Applicant’s application on the grounds that she had failed to show she could perform the work in question. [4] The decision, involving a question of mixed fact and law, is reviewable on the standard of reasonableness; see the decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. [5] According to the decision in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, the standard of reasonableness requires that a decision be justifiable, transparent and intelligible, falling within a range of possible, acceptable outcomes that are defensible on the law and the facts. [6] In my opinion, considering the record, the reasons of the Officer, and the submissions of the parties, the decision of the Officer fails to meet this standard. [7] It appears that the Officer applied his or her subjective views as to the
Applicant’s ability to care for three children aged 11, 14 and 17. This approach is contrary to the guidance provided in the decision in Russom v. Canada (Citizenship and Immigration), 2012 FC 1311. [8] The application for judicial review will be allowed and the matter remitted to a different officer, for re-determination. There is no question for certification arising. JUDGMENT in IMM-4194-19 THIS COURT’S JUDGMENT is that the application for judicial review is allowed and the matter remitted to a different officer for re-determination. There is no question for certification arising. "E. Heneghan" Judge
FEDERAL COURT
SOLICITORS OF RECORD DOCKET: IMM-4194-19 STYLE OF CAUSE: NUSRATH v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION HEARING HELD BY VIDEOCONFERENCE ON JULY 16, 2020 FROM ST. JOHN’S, NEWFOUNDLAND AND LABRADOR (COURT) AND TORONTO, ONTARIO (PARTIES) JUDGMENT AND REASONS: HENEGHAN J. DATED: july 17, 2020 APPEARANCES: Lorne Waldman For The Applicant Lorne McClenaghan For The Respondent SOLICITORS OF RECORD: Waldman & Associates Barrister and Solicitor Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent
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