A Federal Court judge has ruled that immigration officials failed to properly consider evidence when they denied a work permit to an Indian citizen seeking to work as a long-haul truck driver in Canada.
Justice Guy Régimbald found that the immigration officer who rejected the application in August 2024 made unreasonable conclusions about his family connections and financial stability.
The officer denied his work permit application, stating he had “significant family ties in Canada” but “does not have significant family ties outside Canada.” The officer concluded the truck driver would not leave Canada when his temporary status expired.
However, court documents show the driver’s father, brother and grandfather all live in India. The judge ruled the officer contradicted clear evidence by claiming he lacked significant ties to his home country.
“It was not open to the Officer, in this case, to state that the Applicant did ‘not’ have ‘significant’ ties to India (father and brother), compared to his ties in Canada that are of equal degree, being of a parent and sibling (mother and sister),” Régimbald wrote in his August 29 decision.
Employment history overlooked
The court also found the officer failed to explain why the driver’s work history in Kuwait was insufficient to prove financial stability. He worked legally in Kuwait from 2019 to 2023 under a valid work visa and provided banking statements covering more than six months.
The officer stated his employment situation did not show he was “financially established” but gave no reasons for dismissing this evidence.
Régimbald ordered the case be sent to a different immigration officer for a new decision. The driver had originally applied for the work permit after being hired by a Canadian company that obtained a labour market impact assessment.
For more information, see Singh v. Canada (Citizenship and Immigration), 2025 FC 1442 (CanLII).
