Borderlines

#82 - Jandu v. Canada, the top work permit Federal Court case of 2022


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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. 3:00The facts of Janndu11:00Conflicts when representing employers and employees. 13:00The lack of communication between Service Canada and IRCC when it comes to work permit applications. 20:00Assessing genuineness. 23:00Unreasonable documentation requests. 28:00Lessons from the case for future work permit applications. 37:00The distinction between a lack of genuineness and a finding of misrepresentation. 54:00What is the line between misrepresentation and lack of genuineness?

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BorderlinesBy Steven Meurrens and Deanna Okun-Nachoff

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