Ms. Nikhat sought a court review after the Social Security Tribunal of Canada's Appeal Division denied her appeal against a decision that she was ineligible for Employment Insurance (EI) benefits due to her unavailability for work. She had received Employment Insurance Emergency Response Benefits (EI ERB) from March 15 to September 26, 2020, which then shifted to regular EI benefits until August 21, 2021. Throughout this period, she reported her availability for work. However, in September 2021, the Canada Employment Insurance Commission determined she wasn't available for work since September 27, 2020, due to her caring for her son, leading to an overpayment of $23,500. Ms. Nikhat appealed, highlighting the pandemic's impact, her childcare responsibilities, and her father's passing as reasons for her unavailability. In February 2022, the Commission upheld its decision. Subsequent appeals, citing her efforts to find work amidst pandemic challenges, were also unsuccessful. The crux was her work availability during the pandemic. While Ms. Nikhat stressed her job-seeking efforts and pandemic challenges, the Appeal Division found them lacking, particularly her choice to homeschool her son. The hearing revealed Ms. Nikhat's hope for the overpayment to be waived due to financial hardships. However, the Court clarified such decisions rested with the Commission, not the Court. The application was dismissed, naming the Attorney General of Canada as the respondent.