+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

sminhas1184

Newbie
Apr 27, 2018
2
0
Hello, My brother decided to hire a temporary foreign worker as a in home caregiver to look after his twin babies and he received positive LMIA. The applicant from India applied for work permit in September 2017 and received the refusal in October 2017 with the reasons "purpose of visit" and "family ties in country of residence and Canada". The she had re-applied in December 2017 and received interview call on April 23rd. The officer interviewed her for almost 45 minutes. Interview was fine until the last question when she was asked to provide form F16 (income tax form) and truthfully told that she does not have one. Officer asked again no I want to see the F16 form and she again said I do not have one. She told officer that she was not aware about the this form and she was not even told by her current employer that she needs to fill one. She said she was under the impression that her salary is only RS.2500 monthly so she is not entitled to fill out the form as the income tax is a liability for people earning some certain thousand dollars. She mentioned to the officer that if it is required then she can go back and fill out and provide one. The officer did not say yes or no and ended the interview by saying that "I guess we re done with the interview then".

after 2 days the applicant received email saying it has been refused with the reason " Grounds for refusal "There are reasonable grounds to believe that you are unable to perform the work sought".

What else can we do? Can my brother being an employer appeal?
 
Hello, My brother decided to hire a temporary foreign worker as a in home caregiver to look after his twin babies and he received positive LMIA. The applicant from India applied for work permit in September 2017 and received the refusal in October 2017 with the reasons "purpose of visit" and "family ties in country of residence and Canada". The she had re-applied in December 2017 and received interview call on April 23rd. The officer interviewed her for almost 45 minutes. Interview was fine until the last question when she was asked to provide form F16 (income tax form) and truthfully told that she does not have one. Officer asked again no I want to see the F16 form and she again said I do not have one. She told officer that she was not aware about the this form and she was not even told by her current employer that she needs to fill one. She said she was under the impression that her salary is only RS.2500 monthly so she is not entitled to fill out the form as the income tax is a liability for people earning some certain thousand dollars. She mentioned to the officer that if it is required then she can go back and fill out and provide one. The officer did not say yes or no and ended the interview by saying that "I guess we re done with the interview then".

after 2 days the applicant received email saying it has been refused with the reason " Grounds for refusal "There are reasonable grounds to believe that you are unable to perform the work sought".

What else can we do? Can my brother being an employer appeal?

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=180&top=17

Under Canada's Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident decisions. Instead, you can reapply. If possible, a different officer will examine the application.

You can also ask for a judicial review through the Federal Court of Canada, if you think the process was not fair. A lawyer in Canada would act on your behalf.
 
Thank you so much Scylla.
Any idea on judicial review through federal court of Canada like how to apply and what is the procedure? Any lawyer recommendations.