Why Low IELTS Scores Can Sink Your Work Permit Application, Court Affirms
- Citation
- 2026 FC 1341
- Decided
- Court file
- IMM-13424-25
- Full judgment
- Read the decision
Case Law Overview
Bal v. Canada (Citizenship and Immigration), 2026 FC 1341
The applicant, a citizen of India, sought a work permit as a Truck and Transport Mechanic with an approved LMIA. The immigration officer refused the application, finding that the applicant's low English scores in reading and writing (IELTS 4.5 and 4.0) were insufficient to safely perform the job, which involves reading technical and safety manuals.
Court Ruling
The Federal Court dismissed the judicial review, finding the officer's decision to be reasonable. The Court affirmed that it is not its role to reweigh evidence like language test scores and that the officer was justified in concluding that limited English proficiency posed a safety risk for the specific job duties.
Key Quote from the Court
The question is not whether I would have assessed the evidence differently, but whether the Officer's assessment, having regard to the evidence and the reasons given, was unreasonable. I find no basis to conclude that it was.(at para 16)
Expert Takeaways
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A Positive LMIA is Not a Guarantee This case is a critical reminder that an approved LMIA from ESDC does not bind the immigration officer. The officer has an independent duty to assess if the applicant can actually perform the job, and language ability is a key part of that assessment.
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Objective Language Scores Matter The officer's reliance on the official IELTS band descriptions shows how crucial objective evidence is. Arguments about practical experience or bilingual supervision may not be enough to overcome low test scores, especially for roles with safety components.
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The Court Will Not Reweigh Evidence The Federal Court reiterated its role is not to substitute its own opinion for the officer's. As long as the officer's conclusion is rational and based on the evidence provided, the Court will not interfere, even if a different conclusion was also possible.
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The Onus is on You The Court highlighted that the applicant must provide a 'complete, convincing, and unambiguous' application. If your language scores are borderline for your profession, you must proactively provide evidence to address any potential concerns about your ability to perform the job safely and effectively.
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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That combination is worth a proper look. It does not mean you have a case - only a lawyer reading your actual documents can say that - but it does mean the question is worth asking before your filing window closes.
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.
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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)