Why an LMIA Isn't Enough: Court Backs Officer's Doubts on Applicant's Skills
- Citation
- 2025 FC 2031
- Decided
- Court file
- IMM-22423-24
- Full judgment
- Read the decision
Case Law Overview
El Hajj v. Canada (Citizenship and Immigration), 2025 FC 2031
The applicant, a citizen of Lebanon, sought a work permit as a cook under the Temporary Foreign Worker Program. An immigration officer refused the application due to serious concerns about the applicant's language skills, his inability to describe his cooking knowledge during an interview, and evidence suggesting his previous employment references were not genuine.
Court Ruling
The Federal Court dismissed the application for judicial review, finding the officer's decision was reasonable and the process was fair. The Court affirmed that even with an approved LMIA, an officer is entitled to scrutinize an applicant's ability to perform the job and the authenticity of their supporting documents.
Key Quote from the Court
In these circumstances, despite having a valid LMIA, it was reasonable for the Officer to find that Mr. El Hajj did not possess the required language or cooking skills required to work as a cook or chef.
Expert Takeaways
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An Approved LMIA is Not a Rubber Stamp This case is a critical reminder that a positive LMIA does not guarantee a work permit. Officers retain the discretion and responsibility to assess whether an applicant genuinely possesses the skills, experience, and language abilities required for the job.
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Authenticity of Experience is Paramount IRCC will conduct background checks. As seen here, when an officer called a previous employer who denied knowing the applicant, it fatally undermined the application. Ensure all reference letters and employment records are verifiable and accurate.
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Interview Performance Matters Applicants must be prepared to speak confidently and knowledgeably about their profession during an interview. An inability to discuss basic job-related terminology or tasks can, and will, be used by an officer to find you are not qualified for the position.
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Respond to Fairness Letters Comprehensively When an officer issues a Procedural Fairness Letter (PFL), it is the final opportunity to address their specific concerns. The applicant's response was deemed insufficient. A strong PFL response requires submitting concrete, new evidence that directly refutes the officer's doubts.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Work Permit rulings
Federal Court Upholds Misrepresentation Finding from Single Verification Call
Federal Court Upholds Refusal: Weak Ties Doom Family Reunification Visas
Federal Court Overturns Work Permit Refusal, Citing Lack of Proper Analysis
Federal Court: IRCC Cannot Repeat Flawed Reasoning in Redetermination
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)