Applicant Case Summaries – 2015

The following are the court cases that have changed Canadian Immigration Law. These short summaries are prepared for the information of litigants in immigration matters coming before the Canadian Federal Court and the Federal Court of Appeal.

2015: April



EURO RAILINGS LTD. V. CANADA 2015 FC 507 April 21, 2015

The Program Officer refused a positive Labor Market Opinion (LMO) citing an absence of a labor shortage for the occupation and that based on labor market information there was no demonstrable shortage of workers for the occupation in the region. The next day the Applicant presented submissions that there were in fact labor shortages for the occupation and that the occupation was listed as being part of a need in Canada according to the Federal Skills Trade Program. According to procedural rights, the Applicant has a right to be given reasons that are logical, ones that are based on the information presented to the reviewing officer. Here, the Applicant did not receive an intelligible explanation for why the LMO and the provided evidence were rejected. The judicial review was granted and a partial award of $2500 was ordered. The application was sent back to be decided by a different officer.