Tuesday, November 06, 2018

Galamay Magday

Galamay Magday v. Canada (Citizenship and Immigration), 2018 FC 1087

Judge: Annis

Date Heard/Decided: September 19/October 30, 2018

Applicant’s Counsel: Massood Joomratty

Minister’s Counsel: Tasneem Karbani (DOJ)

Tribunal Reviewed: Unnamed officer, Consulate General of Canada in Hong Kong

The Applicant applied for a work permit as a live-in caregiver (LIC). The officer questioned the bone fides of the offer of employment because the employer (one of two spouses/parents) was only making slightly more than what she would spend on the LIC. The other spouse/parent made considerably more.

Justice Annis found that the officer’s questioning of the bone fides was reasonable, but that as the officer failed to set it out clearly in the reasons, the application had to be allowed.