06/19/2026
BIKRAMJIT SINGH v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
2026 FC 544
ISSUE
The Applicant applied for a Spousal Open Work Permit based on his spouse's employment in Canada.
The visa officer refused the application, stating that there was insufficient information to establish that the spouse was employed in a qualifying occupation because bank statements showing salary deposits from the employer were not provided.
This was despite the fact that the application contained substantial evidence, including a valid work permit, LMIA, employment verification letter, pay stubs, CRA documents, T4 slips, and other supporting documentation confirming the spouse's employment.
OUTCOME
The Federal Court found the refusal to be unreasonable.
Justice Gascon held that the visa officer focused almost entirely on the absence of bank statements while failing to meaningfully consider the extensive evidence already submitted.
The Court ruled that the officer's reasoning was not justified, transparent, or intelligible and that important evidence supporting the application had been overlooked.
The Judicial Review was allowed, the refusal was set aside, and the matter was returned to a different officer for reconsideration.
LESSONS LEARNED
*Visa officers must assess all relevant evidence before making a decision.
*An application should not be refused simply because one specific document is missing when other strong evidence addressing the issue has been provided.
* A decision may be overturned where an officer ignores important evidence or fails to adequately explain their conclusions.
* Judicial Review can be an effective remedy where a refusal is unreasonable.
Has your Canadian visa, work permit, study permit, visitor visa, or permanent residence application been refused?
Our team can assess your refusal and advise whether a reconsideration, re-application, or Judicial Review may be appropriate.
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