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Pregnancy Pause: Procedural Fairness Prevails in Work Permit Refusal.
The Federal Court on May 6,2025 overturned the refusal of an open work permit for Munashe Sungai, whose application to join his spouse, a student in Canada, was denied based on a flawed assessment. The Visa Officer relied on outdated information from a student compliance portal indicating the spouse was no longer enrolled full-time, failing to consider her approved pregnancy leave. Justice Régimbald found this constituted a breach of procedural fairness, as the Officer did not give Mr. Sungai an opportunity to explain the discrepancy before making a decision based on inaccurate information. The Court emphasized that while the onus is on applicants to provide necessary information, officers have a duty to seek clarification when concerns arise about the accuracy of submitted details.