3:00 The facts of Janndu 11:00 Conflicts when representing employers and employees. 13:00 The lack of communication between Service Canada and IRCC when it comes to work permit applications. 20:00 Assessing genuineness. 23:00 Unreasonable documentation requests. 28:00 Lessons from the case for future work permit applications. 37:00 The distinction between a lack of genuineness and a finding of misrepresentation. 54:00 What is the line between misrepresentation and lack of genuineness?
Episode #82 – Jandu v. Canada, the top work permit Federal Court case of 2022
Jandu v. Canada (Citizenship and Immigration), 2022 FC 1787, was a decision where the Federal Court quashed several visa refusals and misrepresentation findings for truck drivers. The case raised several interesting issues, including the roles of Service Canada and IRCC in assessing genuineness, and what documentation visa officers can reasonably expect work permit applicants to provide. Rafeena Rashid and Jelena Urosevic were counsel for the refused truck drivers.