Case study: A Pakistani applicant’s work permit refusal and the decision not to pursue judicial review.
Case summary
A Pakistani applicant received a positive Labour Market Impact Assessment (LMIA) for a restaurant assistant manager position, but IRCC later refused his work permit application. After reviewing the refusal and application materials, Arnika Visa discussed judicial review as a possible next step. The applicant chose not to proceed because of budget constraints.
Background
The applicant applied for a Canadian work permit supported by an LMIA described in the case materials as being issued under an Ontario permanent-residence stream. The LMIA was approved on February 20, 2024, for a Restaurant Assistant Manager position, identified in the source as NOC 0631. The application included a CV and bank statements.
The refusal: October 30, 2024
IRCC refused the work permit application on October 30, 2024. According to the case information, the officer was not satisfied that the applicant’s purpose of coming to Canada was consistent with a temporary stay and found that his employment situation in his home country did not demonstrate sufficient financial establishment.
A positive LMIA supports the employer’s request to hire a foreign worker, but it does not itself guarantee that IRCC will issue a work permit. The work permit application is assessed separately.
Review by Arnika Visa
The applicant consulted Reza Eslami, RCIC (R710241), at Arnika Visa. The review identified potential weaknesses in the application, including the evidence presented about financial and home-country ties and the documentation supporting the applicant’s temporary intent.
Based on the review, judicial review was discussed as a possible route to challenge the refusal. Judicial review is a court process and is not a new work permit application; the applicant would need advice from a Canadian immigration lawyer about whether the decision may be challenged and the applicable filing deadline.
Outcome: no judicial review pursued
The applicant decided not to proceed with judicial review because of budget constraints. The case materials state that he paused his plans to work in Canada. This case therefore does not describe a successful appeal or a work permit approval.
Key takeaways
- A positive LMIA does not guarantee work permit approval; IRCC assesses the applicant’s eligibility and admissibility separately.
- Applications should respond directly to the concerns relevant to the applicant’s circumstances and include clear, consistent supporting evidence.
- After a refusal, review the decision letter and application record before choosing among available next steps.
- Judicial review deadlines are strict and depend on the circumstances. Obtain prompt advice from a Canadian immigration lawyer; do not rely on generic deadline statements.
- Reconsideration, a new application, and judicial review are different processes, and whether any is appropriate depends on the case.
Conclusion
This case illustrates that a positive LMIA is an important step, but not a guarantee of a work permit. A refusal should be assessed on its own reasons and record, with qualified advice about any available options.
Related resources
