LMIA Approved but Work Permit Refused: Why Language and Safety Evidence Matter

Case: Singh Bal v. Canada (Citizenship and Immigration), 2026 FC 1341 — judicial review dismissed

What happened

The applicant, a truck and transport mechanic (NOC 72410) with a diesel mechanic certificate and previous work experience, had a positive Labour Market Impact Assessment (LMIA) for a truck mechanic position in Canada. His work permit was still refused: the officer found his English proficiency insufficient for the job, pointing to IELTS scores of 4.5 in reading and 4.0 in writing.

The officer’s concern was practical, not academic. The job required reading technical manuals and safety instructions and communicating effectively on the job. Limited reading and writing ability, the officer found, raised legitimate safety concerns — even with mechanical qualifications and claimed bilingual supervision.

What the Court decided

The Federal Court dismissed the judicial review and upheld the refusal, for three reasons that matter to every LMIA-based applicant:

1. A positive LMIA does not bind the officer. IRCC officers must independently assess work permit eligibility, including whether the applicant can safely perform the proposed work.
2. Language is assessed against the job, not in the abstract. The officer reasonably connected the IELTS results to the specific demands of the position — manuals, safety instructions, communication.
3. Judicial review is not a second hearing. Additional evidence submitted on judicial review was inadmissible because it was not before the officer, and the Court will not reweigh evidence or substitute its own assessment.

What this means for you

If you are coming to Canada on an LMIA-based work permit, your employer’s LMIA approval is only half the file. You also need to show you can do the job safely in the language of the workplace — and that evidence has to be in the application the officer actually sees, not added later.

Practical points from this case:

• Check the language demands of your specific NOC and duties, not just the minimum for the program.
• If safety manuals, written instructions, or workplace communication are part of the job, address them directly in your application.
• Get the evidence in before the decision. A judicial review cannot fix a thin record.

How VG Immigration Services can help

If your work permit was refused, or you want your LMIA-based application built to survive officer scrutiny, book a consultation at vgis.ca or message us on WhatsApp at 416-578-9269.

This post summarizes a Federal Court decision for general information. It is not legal advice for a specific case, and every file turns on its own facts and evidence.