- Yifei Xing arrived in Nova Scotia in 2009 to study at Acadia University.
- After graduating, he worked in Halifax for RCR Hospitality Group.
- In 2013, he applied for permanent residency through the Nova Scotia Nominee Program (NSNP) under the International Graduate Stream.
- His application was approved, and he was nominated by Nova Scotia.
- In August 2014, Xing returned to Canada via Pearson International Airport after visiting family in China.
- A Canada Border Services Agency (CBSA) officer interviewed him and concluded he did not intend to reside in Nova Scotia.
- On August 28, 2014, the Nova Scotia Office of Immigration rescinded his nomination based on the CBSA's conclusion.
- Xing requested an admissibility hearing under the Immigration and Refugee Protection Act.
- On January 27, 2016, the Immigration and Refugee Board ruled in his favor, finding the CBSA's allegations "not founded in fact or in law."
- Xing asked the Nova Scotia Office of Immigration to reconsider its decision to rescind his nomination.
- On April 14, 2016, the Office refused to reconsider.
- Xing sought judicial review from the Supreme Court of Nova Scotia.
On March 9, 2017, Justice Michael J. Wood ruled that the Office of Immigration's refusal to reconsider was unreasonable.
- The court found: The primary reason for rescission (lack of intent to reside in Nova Scotia) was proven incorrect by the Immigration and Refugee Board's decision. Secondary reasons (employment status and failure to notify the NSNP of changes) were insufficiently supported.
The decision not to reconsider was set aside, with further submissions on remedy to be made by April 30, 2017.
