Federal Court Confirms Non-Mandatory NOC Requirements Cannot Be Treated As Mandatory

On July 24, 2024, the Honourable Justice Battista rendered a positive decision in the case of Singh v. Canada (Citizenship and Immigration), 2024 FC 1165. The Applicant was represented at the hearing by Peter Salerno of Green and Spiegel LLP.

In this case, an immigration officer refused the client's application for a work permit for two reasons. First, the officer believed the client had not met the educational requirements for the proposed job in Canada. More specifically, the officer wanted to see proof the Applicant had completed secondary school, and no such evidence was included in the application for a work permit. The Court found this was unreasonable as proof of completing secondary school is an optional education requirement listed under the applicable National Occupational Classification (NOC).