Case Law
Work Permit Refusal Upheld: Misrepresentation Ruling

Work Permit Refusal Upheld: Misrepresentation Ruling

Application for Judicial Review Dismissed
Citation
2025 FC 617
Decided
Court file
IMM-6885-24
Full judgment
Read the decision

Case Law Overview

Jatin Mahendrakumar Trivedi and Nikita Jatin Trivedi v. The Minister of Citizenship & Immigration, 2025 FC 617

The applicants sought judicial review of the refusal of their work permit applications. The principal applicant's application was refused due to misrepresentation regarding work experience, and the associate applicant's application was refused as the principal applicant's accompanying spouse.

Court Ruling

The Federal Court dismissed the application for judicial review, finding the officer's decision to refuse the work permits due to misrepresentation was reasonable and procedurally fair, upholding the weight given to initial verification call evidence.

Key Quote from the Court

The officer provided a rational chain of analysis for preferring the evidence from the verification call over the Principal Applicant's PFL response. The verification call collected spontaneous, first-instance evidence of the Principal Applicant's employment. The Principal Applicant's PFL response did not. (at para 6)

Expert Takeaways

  • Accuracy is Paramount Ensure all declared work experience is meticulously accurate and verifiable. Discrepancies, especially during initial verification, can lead to misrepresentation findings.
  • Respond Comprehensively to PFLs A Procedural Fairness Letter (PFL) is a critical opportunity to address concerns. Responses must be robust, provide new, compelling evidence, and directly counter any allegations of misrepresentation.
  • Understanding Evidentiary Weight Courts often defer to an officer's assessment of evidence. Spontaneous, first-instance evidence (like a verification call) can carry significant weight, especially when contradicted by later, potentially prepared, statements.
  • Onus on the Applicant The burden of proof to demonstrate eligibility and absence of misrepresentation lies squarely with the applicant. Officers are not obligated to seek additional evidence if initial responses are insufficient.

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.

Your window to challenge is closing.

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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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