Canadian Immigration Law
Weekly Digest | October 1, 2023
Key Highlights:
- Recent Immigration Case Law
- Medical Examinations for Express Entry
- Study Permit Applications
- Express Entry Category-Based Selection in Agriculture
- Temporary Foreign Worker Program
- Automation and Immigration
- Latest Express Entry and PNP Draws
Recent Case Law
- Intra-Company Transferee Work Permit: In Shams, 2023 FC 1300, the Federal Court upheld a denial of an Iranian citizen’s intra-company transferee work permit under the IMP, citing issues such as a lack of employer-employee relationship, absence of a physical workspace, questionable financial viability, limited economic benefit to Canadians, and an unsubstantiated aspirational business plan. Read more
- Inadmissibility: In Mason, 2023 SCC 21, the Supreme Court of Canada narrowed the scope of Section 34(1)(e) of the Immigration and Refugee Protection Act, limiting its application to when a clear nexus to national security exists. Read more
- Temporary Foreign Worker Program: In Farboodi Langaroodi, 2023 FC 1280, the Federal Court dismissed a judicial review application from an Iranian couple, aged 51 and 54, who were denied work permits under Canada’s TFWP and IMP. Citing an IELTS score of 5, the Officer questioned the Applicant’s English language proficiency and the couple’s intention to leave Canada post-temporary stay. Read more
Program Delivery Updates
- Medical Examinations for Express Entry: Effective October 1, 2023, Express Entry applicants are no longer required to undergo upfront medical examinations at the time of application. Applicants should await further instructions before proceeding with medical examinations. Read more
- Study Permit: On September 25, 2023, clarification was provided on study permit procedures for students changing their Designated Learning Institution (DLI), emphasizing the necessity for a new study permit application before traveling to Canada, with discretionary review at the border for varying DLI acceptance. Read more
IRCC News Updates
- Express Entry Category-Based Selection in Agriculture: On September 27, 2023, IRCC introduced a new category-based selection in the Express Entry system to focus on candidates with work experience in agriculture and agri-food sectors. This initiative is part of Canada’s broader strategy to address labour shortages and attract skilled workers in critical fields. Read more
- Employment and Social Development Canada: On September 27, 2023, ESDC emphasized its ongoing commitment to improving employer compliance and safeguarding the welfare of temporary foreign workers under the Temporary Foreign Worker Program (TFWP). Non-compliant employers faced penalties and bans, and new regulations were implemented in September 2022 to enhance the program’s inspection capabilities and accountability measures. Read more
- Automation and Immigration: On September 26, 2023, IRCC announced the deployment of advanced automation technologies to expedite work permit extensions and post-graduate work permits (PGWPs), with dual functions of categorizing applications and evaluating eligibility. Read more
Express Entry and PNP Draws
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