Weekly Digest | September 24, 2023

Welcome to AVIO Immigration’s Newsletter. Receive a comprehensive weekly digest offering critical developments in Canadian immigration law, including case law updates, official news releases, expert insights, and practical tips.

Key Highlights:

Recent Immigration Case Law
Express Entry Category-Based Selection in Transport
Parents and Grandparents Program
Latest Express Entry and PNP Draws

Recent Case Law

Home Child Care Provider Pilot Program: In Kaur, 2023 FC 1261, the Federal Court upheld IRCC’s denial of a work permit and permanent residence application, citing the children’s ages and lack of special needs as factors. Read more

C11 Work Permit: In Shidfar, 2023 FC 1241, the Federal Court upheld the denial of an Iranian entrepreneur’s judicial review application concerning a refused C11 work permit under the IMP. The ruling underscored the critical role of a comprehensive business plan, especially in light of the officer’s discretionary authority to issue a Procedural Fairness Letter. Read more

Family Class Sponsorship: In Dhaliwal, 2023 FC 1249, the Federal Court upheld the IAD’s denial of a Canadian citizen’s fourth sponsorship attempt for her husband from India, despite their ongoing relationship and child. The court applied the doctrine of res judicata, preventing re-litigation based on the same facts, and found new DNA evidence insufficient for a new hearing. Read more

Temporary Foreign Worker Program (TFWP): In Punhani, 2023 FC 1222, the Federal Court upheld the denial of a work permit for an Indian citizen aiming for a VP role at ThoughtStorm Incorporated in Canada via the TFWP. The court found the visa officer’s concerns about insufficient evidence for the applicant’s past managerial roles and self-employment to be reasonable. The ruling emphasizes the need for comprehensive work experience evidence beyond just reference letters. Read more

Study Permit: In Khosravi, 2023 FC 1186, the Federal Court upheld the denial of a study permit for a 38-year-old Iranian national aiming to pursue an MBA in Canada. The court cited concerns over the applicant’s financial capacity and the program’s benefits, emphasizing the need for well-substantiated financial proof and genuine intentions behind study plans. Read more

IRCC News Updates

Express Entry Category-Based Selection in Transport: Announced on September 18, 2023, this new initiative aims to address labour shortages in the transport sector, inviting candidates for roles like commercial truck drivers and pilots to apply for permanent residence. Read more

Parents and Grandparents Program: Reopening this fall, IRCC plans to accept 15,000 sponsorship applications starting October 10, 2023, focusing on the remaining pool of 2020 submissions. Read more