Canadian Immigration Law | Weekly Digest

Key Highlights:

1. Recent Immigration Case Law
2. International Experience Canada (IEC) Update
3. Temporary Resident Document Cancellations
4. Updated Procedures for Citizenship Waivers
5. Alberta Resource on Reporting Immigration Fraud
6. Important Upcoming Dates

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• Study Permit – Ajayi v. Canada, 2025 FC 261: Nigerian applicant for a study permit to pursue a diploma at Conestoga College had her application refused on the basis that she would not depart Canada at the end of her stay and that her financial circumstances were inadequate. The Court determined that new evidence was inadmissible and that no breach of procedural fairness occurred. Judicial review dismissed. Read more

• Work Permit – Ferra v. Canada, 2025 FC 254: Mexican applicant for a work permit was refused because the Officer, relying solely on his prior overstay and insufficient ties to his home country, concluded that he would not leave Canada at the end of his stay. Judicial review allowed. The Court found the decision unreasonable, as the officer ignored key evidence, including the applicant’s explanation and voluntary departure. Read more

• Permanent Resident Visa – Goel v. Canada, 2025 FC 275: The applicant’s Express Entry permanent residence application was rejected as incomplete for submitting a marriage licence instead of a marriage certificate. The Court found IRCC misapprehended the evidence, as the applicant had submitted a valid emergency-issued marriage certificate. Judicial review allowed. Read more

• Temporary Resident Permit – Howlader v. Canada, 2025 FC 274: Bangladeshi applicant was refused a Temporary Resident Permit and work permit because the officer found he lacked a "compelling or unique" reason. The Court ruled that requiring a "unique" reason improperly restricted discretion and that the officer misapprehended the evidence, including the applicant’s immigration history. Judicial review granted. Read more

• Sponsorship – In v. Canada, 2025 FC 251: Vietnamese applicant’s sponsorship application for her adult son as a dependent child was refused for failing to meet statutory dependency requirements. The Immigration Appeal Division found inconsistencies in evidence regarding financial support and the son's ability to work. The Court upheld the decision, finding it reasonable. Judicial review dismissed. Read more

• Study Permit – Khan v. Canada, 2025 FC 276: Pakistani applicant’s study permit was refused due to modest academic performance, study progression concerns, and the availability of similar education in Pakistan. The Court found the officer’s reasoning to be unjustified, noting that the applicant’s academic credentials and professional experience were consistent with his proposed studies and that no evidence was provided to support the claim that similar programs were available in Pakistan. Judicial review granted. Read more

• Permanent Resident Visa – Khashaki v. Canada, 2025 FC 269: Iranian self-employed painter and craftsperson was refused permanent residence under the self-employed persons class as the Officer was not satisfied she could be self-employed in Canada and contribute economically. The applicant intended to open an art gallery in Ontario to create, sell art, and teach. The refusal was based on concerns about her business plan, financial viability, and language proficiency. The Court found the Officer’s assessment reasonable and upheld the decision. Judicial review dismissed. Read more

• Permanent Resident Visa – Ngiao v. Canada, 2025 FC 265: Filipino applicant under the Live-in Caregiver Class, seeking permanent residence with humanitarian and compassionate relief, was refused because her establishment factors were deemed insufficient to overcome inadmissibility. The Court found the Officer erred by failing to properly assess her establishment in Canada. Judicial review granted. Read more

• Inadmissibility – Odogbo v. Canada, 2025 FC 291: Nigerian applicant was issued an Exclusion Order after border officials determined she intended to study in Canada without a valid permit, despite stating she was visiting family. The Court found the Minister’s Delegate’s decision reasonable based on the applicant’s prior study permit refusals, admission letter, and statements at the border. Judicial review dismissed. Read more

• Open Work Permit – Yip v. Canada, 2025 FC 288: Hong Kong applicant’s open work permit application was refused after an Officer found he misrepresented his educational credentials. Discrepancies in his documentation and interview responses raised concerns about the legitimacy of his qualifications. The Court upheld the Officer’s decision, finding the misrepresentation determination reasonable. Judicial review dismissed. Read more

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• International Experience Canada (IEC) Update:?The Minister of Immigration announced an immersive campaign to inspire young Canadians to explore work and travel opportunities abroad through IEC. The campaign features interactive in-person exhibits in Toronto and Vancouver, showcasing five partner countries (Belgium, Finland, Italy, South Korea, and New Zealand), along with a digital platform matching users to IEC partner destinations based on their interests. Read more

• Temporary Resident Document Cancellations:?Effective January 31, 2025, IRCC amended the Regulations to grant officers explicit authority to cancel electronic travel authorizations (eTAs), temporary resident visas (TRVs), work permits, and study permits in cases of inadmissibility, false information, criminal history, failure to meet departure requirements, lost or stolen documents, or administrative errors. Read more Canada Gazette, Part II, Volume 159, Number 4: Read more

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• Updated Procedures for Citizenship Waivers:?As of February 10, 2025, IRCC updated procedures for compassionate waivers in citizenship applications, introducing a new oath waiver request form for minors and extending the compassionate grounds definition to applicants aged 14 to 17 for oath waivers. Read more

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• Alberta Resource on Reporting Immigration Fraud:?On February 14, 2025, Alberta introduced updated fraud reporting information to help individuals identify and report fraudulent activities affecting applicants and stakeholders of the Alberta Advantage Immigration Program (AAIP). Read more

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• February 28, 2025: Deadline for Iranian nationals in Canada to apply for fee-exempt temporary residency extensions, work permits, or study permits under the special policy. Read more Policy: Read more Special Measures: Read more

• March 31, 2025:?Launch of the new Home Care Worker Immigration Pilots. Further details to follow. Read more

• March 31, 2025:?End date for extended work and study permit measures and free settlement services for Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization.?Read more Notices: Read more Policy: Read more

• March 31, 2025:?Expiry of the public policy allowing Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization. Read more