Federal Court: Reusing an Old LMIA-Exemption Number is Fatal to a New Work Permit Application
- Citation
- 2026 FC 348
- Decided
- Court file
- IMM-4491-25
- Full judgment
- Read the decision
Case Law Overview
Famugbode v. Canada (Citizenship and Immigration), 2026 FC 348
The applicant sought judicial review of a refused LMIA-exempt work permit and restoration application. The immigration officer denied the application because the applicant reused an LMIA-exemption number and compliance fee from a previous, already-refused application, failing to submit a new, valid offer of employment.
Court Ruling
The Federal Court dismissed the application, finding the officer's decision was reasonable. The Court affirmed that once an LMIA-exemption number is used for an application that receives a decision, it cannot be reused for a subsequent application; a new application requires a new offer of employment and a new fee.
Key Quote from the Court
The Guideline explains that an offer of employment number (i.e. the LMIA-exemption number) is generated through the Employer Portal and matched to a specific work permit application, and that, once a decision is made on that application, the same offer of employment number cannot be reused for another work permit application. (at para 16)
Expert Takeaways
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One Application, One Number Each new work permit application under the International Mobility Program requires a brand new 'Offer of Employment' with its own unique number and fee. You cannot recycle or reuse a number from a previous application, especially one that has already been refused.
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The Onus is on the Applicant The Court reinforced that applicants bear the responsibility to know and meet all legal requirements for the program they are applying to. An officer is not required to notify you of basic deficiencies, such as using an invalid number or not paying a required fee.
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Procedural Fairness Has Limits Procedural fairness does not compel an officer to coach an applicant or point out that they have failed to meet fundamental statutory requirements. The duty to be fair is not triggered when an application is refused simply for being incomplete or non-compliant on its face.
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Address All Refusal Reasons When reapplying after a refusal, ensure you understand and rectify all the reasons for the initial refusal. Submitting the same deficient information a second time will lead to the same outcome.
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)