Immigrant Trucker Wins Work Permit Case Against IRCC Over Lack Of Canadian Experience
A international nationwide from India has simply gained a ruling in federal courtroom after taking over Immigration, Refugees and Citizenship Canada (IRCC) for refusing him a piece allow resulting from his lack of expertise driving on British Columbia roads.
Satnam Singh, 35, had landed a job as a long-haul truck driver with Tremendous Bee Transport in British Columbia after a optimistic Labour Market Impact Assessment (LMIA).
In refusing Singh the work allow beneath the Temporary Foreign Work Program (TFWP) on Jan. 1, 2022, the IRCC officer additionally expressed doubt Singh may really do the job as a result of his expertise as a driver is from the United Arab Emirates.
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“I word that the applicant’s work expertise as a truck driver is fully restricted to the UAE, the terrain and climate circumstances of that are considerably completely different in comparison with these in Canada,” wrote the IRCC officer.
“I’m not glad that (he) has demonstrated that he’s in a position to carry out the work sought in a approach that doesn’t put the security of Canadians in danger.”
That’s unreasonable, determined Justice Shirzad Ahmed.
“The applicant additionally offered employment reference letters from every of the three corporations he labored for, confirming his employment as a truck driver within the UAE and reflecting positively on his work efficiency of their respective companies,” wrote Justice Ahmed.
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“This proof factors on to the applicant’s means to carry out the work of a truck driver in Canada, for which he has a number of years of positively-regarded expertise. It’s unreasonable for the officer to weigh the variations in climate circumstances between the UAE and Canada to be determinative of his talents.”
The courtroom’s stand on the issuance of this trucker’s work allow comes as Canada is going through an enormous scarcity of truck drivers, a truth mirrored within the nation’s resolution in November to make this certainly one of 16 newly-eligible occupations beneath the Federal Skilled Worker (FSW) program.
The newest driver scarcity survey by the IRU, a world transportation trade affiliation primarily based in Geneva, reveals trucker shortages are anticipated to leap as much as 40 per cent this 12 months.
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“Power industrial driver shortages are getting worse, with hundreds of thousands of positions remaining unfilled,” mentioned IRU secretary-general Umberto de Pretto in an announcement in June. “That is placing already burdened economies and communities at larger danger of inflation, social mobility points and provide chain meltdown.”
Canadian Trucking Alliance (CTA) spokesman Jonathan Blackham has described the scarcity of truckers in Canada as “acute” and mentioned it poses a pressure on the nation’s provide chain.
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The Canadian trucking trade affiliation is bullish on the recruitment of truckers from around the globe and has welcomed Immigration Minister Sean Fraser’s resolution to open up the Express Entry program to truckers.
“CTA has been calling on the federal government of Canada to assist tackle our sector’s rising labour shortages by working with our trade to enhance entry to immigration channels,” Blackham instructed Trucking Information.
