Canadian Immigration Law | Weekly Digest

?????? ????????????????????:

??) Recent Immigration Case Law

??) Canada Launches Border Security Exercises

??) Cost Recovery for Removing Inadmissible Individuals

??) First Canadian Land Preclearance Operation in the U.S.

??) 2025 Agri-Food Pilot Application Cap Announced

??) Free Trade Agreements – International Mobility Program

??) Expiration of Special Processing Measures for 2024 Wildfire Season

??) 2025 Parent and Grandparent Sponsorships Suspended

??) Immediate Bans for Immigration Representatives Under the OINP

????) Stricter Standards under the Ontario Immigration Act, 2015

?????? ???? ???

• H&C - Ali v. Canada, 2025 FC 13: A mother and her two children from Guyana, applied for permanent residence on humanitarian and compassionate (H&C) grounds, citing establishment in Canada, family reunification, adverse conditions in Guyana, and the best interests of the children. The officer refused the application. Judicial review granted. The court found the decision unreasonable for failing to properly assess the children’s best interests, particularly their family ties in Canada and evidence of hardships in Guyana.?Read more

• H&C - Daguil v. Canada, 2025 FC 3: Citizen of the Philippines, applied for permanent residence on H&C grounds, citing her long-term establishment in Canada, financial support for her family, and hardships in the Philippines. After arriving in Canada on a work permit in 2013, the applicant faced exploitation by employers, including a fabricated job offer, failure to obtain an LMIA as promised, and sub-minimum wage work. The officer refused the application, finding insufficient evidence that she could not find employment in the Philippines and disregarding evidence of systemic hardships. Judicial review granted. The court found the officer’s decision unreasonable for failing to assess the evidence of hardship and to provide a coherent analysis of her establishment in Canada.?Read more

• Mandamus - OINP - Peng v. Canada, 2025 FC 2:?Citizen of China applied for permanent residence under the Ontario Immigration Nominee Program (OINP). The application remained pending for over three years, significantly exceeding the average processing time. Mandamus application filed. Judicial review granted. The court issued an order of mandamus, requiring IRCC to decide the application within 90 days, citing an unreasonable delay and lack of satisfactory justification. Read more

• Start-Up Visa Class - Shoaie v. Canada, 2025 FC 12: Citizen of Iran applied for an LMIA-exempt work permit under the Start-Up Visa Class. The officer refused the application, citing concerns about the applicant's financial capacity, language proficiency, and intent to return. Judicial review granted. The court found the decision unreasonable due to errors in assessing financial evidence, overlooking submitted IELTS results, and failing to justify concerns about the applicant’s investment funds. Read more

• ICT Work Permit - Teimoori v. Canada, 2025 FC 6: Iranian citizen applied under the Intra-Company Transfer (ICT) category to manage a Canadian affiliate of his family business. The officer refused, citing insufficient evidence that the company was large enough to support an executive role and noting two other executives were already in Canada. Judicial review was dismissed. The court upheld the decision as reasonable, highlighting the absence of a business plan and detailed documentation to justify the transfer. Read more

?????? ?????y ?????? ???? ???????

• Canada Launches Border Security Exercises: On January 3, 2025, the Government of Canada announced a series of border security readiness exercises to enhance collaboration with provincial, territorial, and U.S. partners. The inaugural exercise, held with Ontario, involved federal and provincial agencies, including CBSA, RCMP, Public Safety Canada, and IRCC, to test coordination, resource adequacy, and preparedness for border-related scenarios. These exercises are part of Canada’s Border Plan, which includes $1.3 billion investments in enforcement technologies and expanded preclearance operations to strengthen border security. Read more

???? ???? ???????

• Cost Recovery for Removing Inadmissible Individuals: On January 3, 2025, CBSA announced new removal fees to align with current costs. Starting April 2025, fees will increase to approximately $12,800 for escorted removals and $3,800 for unescorted removals. These changes aim to reduce the cost burden on the government and encourage voluntary compliance with removal orders. The framework applies to individuals based on the regulations in place at the time of their removal. Over 14,000 inadmissible individuals were removed in 2024 under the CBSA's mandate. Read more Canada Gazette, Part II, Volume 159, Number 1: Read more

• First Canadian Land Preclearance Operation in the U.S.: On January 2, 2025, the CBSA announced plans to launch its first land preclearance operation at Cannon Corners, New York, adjacent to Covey Hill, Quebec. The two-year pilot aims to enhance border security and facilitate efficient cross-border movement. During this time, travellers entering Canada will be screened at the U.S. preclearance site, while the Covey Hill port of entry will remain closed. Preclearance officers will conduct immigration and customs processing, except for refugee protection claims, which must be made at Canadian ports of entry. Read more

???? ???? ???????

• 2025 Agri-Food Pilot Application Cap Announced: On January 3, 2025, IRCC announced a cap of 1,010 permanent residence applications for the Agri-Food Pilot due to high demand. Applications were to be accepted until May 14, 2025, or until the cap was reached, whichever came first. Since its launch in 2020, the pilot has helped over 4,500 agri-food workers and their families gain permanent residency. Alternative pathways for agri-food workers include Express Entry, the Provincial Nominee Program, the Atlantic Immigration Program, and the Rural and Francophone Community Immigration Pilots. In the coming years, IRCC will continue processing applications received by the deadline in line with the the Immigration Levels Plan targets. Read more Canada Gazette, Part I, Volume 159, Number 1: Read more

??????? ???????y ???????

• Free Trade Agreements – International Mobility Program: On January 3, 2025, IRCC released updates to free trade agreement policies under paragraph R204(a) of the IRPR. The updates standardize language related to wages, educational requirements, and the availability of open work permits for accompanying spouses in agreements including CUSMA, CCOFTA, CUFTA, CPFTA, and CPAFTA. These changes clarify application processes and requirements for intra-company transferees, investors, traders, professionals, and technicians under the International Mobility Program. Read more

• Expiration of Special Processing Measures for 2024 Wildfire Season: As of November 30, 2024, the special processing measures for individuals directly affected by the 2024 wildfires have expired. Applications submitted after this date are no longer eligible for these measures or public policy consideration. Instructions remain accessible to assist processing officers in finalizing applications received before the deadline. Read more

?????? ??????? ???????

• 2025 Parent and Grandparent Sponsorships Suspended: Effective January 1, 2025, no new applications for permanent residence or sponsorship under the Parent and Grandparent Program will be accepted unless further instructions are issued. For 2025, IRCC will process up to?15,000 sponsorship applications?received in 2024.?Applications must meet all conditions outlined in prior instructions, including using electronic submission formats and adhering to deadlines. Applications that fail to meet these criteria will be returned with fees. Requests under humanitarian and compassionate grounds accompanying ineligible applications will not be processed. Canada Gazette, Part I, Volume 159, Number 1: Read more

?????????? ?????????? ????

• Immediate Bans for Immigration Representatives Under the OINP: Announced on January 2, 2025, the Ontario Immigrant Nominee Program (OINP) now allows the director under the Ontario Immigration Act, 2015, to impose immediate bans on immigration representatives who contravene the Act, without first issuing an administrative monetary penalty. This change strengthens efforts to combat immigration scams and protect newcomers from fraud. Updates to Ontario Regulation 422/17 support these new procedures. Read more

• Stricter Standards under the Ontario Immigration Act, 2015: Effective January 1, 2025, Ontario introduces regulations to protect newcomers from fraudulent immigration representatives. The changes establish clear standards for representatives and impose penalties for violations, including fines, multi-year bans, and lifetime bans. These measures aim to safeguard applicants in the Ontario Immigrant Nominee Program by ensuring ethical representation and compliance. Read more

????????? ???????? ?????

• January 7, 2025: Deadline at 9:00 AM for eligible international students who meet eligibility requirements as of December 31, 2024, to submit applications under the British Columbia PNP International Post-Graduate (IPG) stream. Read more

• January 26, 2025: Deadline to complete the IRCC Online Survey for Newcomers, which invites permanent residents from 2017, 2019, 2021, and 2023 to share their settlement experiences. Read more

• February 4, 2025: Deadline for feedback on proposed amendments to the College of Immigration and Citizenship Consultants Regulations. Canada Gazette, Part I, Volume 158, Number 51:?Read more

• February 4, 2025: Deadline for feedback on proposed IRPR amendments introducing administrative penalties and consequences for unauthorized immigration services and misrepresentation. Canada Gazette, Part I, Volume 158, Number 51:?Read more

• February 4, 2025: Deadline for feedback on proposed amendments to Citizenship Regulations introducing administrative penalties for violations under the Citizenship Act. Canada Gazette, Part I, Volume 158, Number 51: Read more

• 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