Case Law
Federal Court: Unverified Work Experience Sinks Skilled Worker Application

Federal Court: Unverified Work Experience Sinks Skilled Worker Application

Application for Judicial Review Dismissed
Citation
2026 CF 398
Decided
Court file
IMM-21940-24
Full judgment
Read the decision

Case Law Overview

Batchato v. Canada (Citizenship and Immigration), 2026 CF 398

An applicant from Cameroon sought permanent residence as a Federal Skilled Worker. His application was refused because the immigration officer was not satisfied that his claimed work experience was genuine, primarily due to his failure to provide requested proof of registration with Cameroon's national social security fund (CNPS).

Court Ruling

The Federal Court dismissed the application for judicial review, finding the officer's decision was reasonable. The Court affirmed that the onus is on the applicant to provide all requested evidence to prove their eligibility, and the officer was justified in refusing the application due to insufficient proof of authentic employment.

Key Quote from the Court

In these circumstances, it was reasonable for the officer to conclude that the applicant had not demonstrated, on a balance of probabilities, that his employment was authentic. It was just as reasonable for the officer to refuse the applicant's application due to the insufficiency of evidence to establish his admissibility and demonstrate that he meets the requirements of subsection 75(2) of the IRPR. (at para 27)

Expert Takeaways

  • The Onus of Proof is on the Applicant This case is a stark reminder that the responsibility to prove every element of an application rests squarely on the applicant. An officer is entitled to request specific documents, and failure to provide them can be fatal to the case.
  • Social Security Records are Key Evidence For many countries, registration with national social security or pension funds is a primary indicator of genuine employment. Applicants must be prepared to provide these records. Explanations for their absence, even if notarized, may not be sufficient to overcome an officer's doubts.
  • Procedural Fairness is a Two-Way Street The Court found that the officer provided procedural fairness by sending two separate letters outlining their concerns and requesting specific documents. The applicant was given a clear opportunity to address the issues but failed to do so adequately.
  • Reasonableness Favours the Officer's Discretion When an applicant fails to provide requested evidence, the Court will likely find it reasonable for an officer to draw a negative inference and conclude that the eligibility requirements have not been met. It is difficult to challenge such a decision at judicial review.

There is a deadline on this

15 days
if the decision was made inside Canada
60 days
if the decision was made outside Canada

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.

Ali Dadkhah

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)

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