Weekly Digest | October 29, 2023

Key Highlights:

Recent Case Law

Study Permit: In Kabuya, 2023 FC 1404, the Federal Court granted the judicial review of a study permit rejection for an applicant from the Democratic Republic of Congo. The refusal was based on an alleged lack of sufficient financial documentation and erroneously cited a “host” in Canada. The Court determined that this error was central enough to render the entire decision unreasonable. Read more

Study Permit: In Kazemi, 2023 FC 615, the Federal Court approved the judicial review of the Officer’s refusal to issue a study permit to the applicant and a work permit for her spouse. The Court found that the Officer failed to properly weigh all the evidence, including the presence of multiple immediate family members in Iran, and a job offer in Iran contingent upon the applicant completing her studies in Canada. Read more

Open Work Permit: In Patel, 2023 FC 1394, the Federal Court granted the judicial review for an Indian citizen’s rejected open work permit, which was initially denied due to allegations of misrepresentation about her marriage to a Georgian College study permit holder. The Officer did not provide a sufficient opportunity for the applicant to address the concerns and unreasonably transitioned from a finding of “insufficient evidence” of a genuine relationship to one of “misrepresentation.” Read more

IRCC Enhances Protections in International Student Program: On October 27, 2023, Immigration, Refugees and Citizenship Canada (IRCC) announced initiatives to prevent fraud in the International Student Program. Effective December 1, 2023, post-secondary institutions will be required to verify acceptance letters with IRCC. A “recognized institution” framework for prioritized study permit processing will be introduced by Fall 2024. Additionally, reforms to the Post-Graduation Work Permit Program are under assessment to better align with Canada’s labor and immigration needs. Read more YouTube Live Recording: Read more

Workforce Solutions Road Map Extended, New Wage Rules for Temporary Foreign Worker Program (TFWP): On October 26, 2023, Employment and Social Development Canada (ESDC) extended the TFWP’s Workforce Solutions Road Map to August 2024. Enhanced measures for hiring foreign workers in specific sectors are included, along with new annual wage review requirements starting January 1, 2024, to ensure fair pay is aligned with the prevailing wages. Read more

Priority Support for Moroccan Residents: Following the earthquake, IRCC is expediting applications for those affected. From October 19, 2023, to March 12, 2024, Moroccan nationals in Canada may extend their temporary status without fees. Passport requirements for permanent residence applications are waived, as are fees for Canadian travel documents for citizens and residents in Morocco. Read more Program Delivery Update: Read more Temporary Public Policy: Read more

Permanent Residence Pathway for Ukrainians: On October 23, 2023, IRCC launched a new permanent residence pathway for Ukrainian nationals with temporary status in Canada, which will be effective until October 22, 2024. Applicants must have a family member in Canada who is a Canadian citizen or permanent resident to qualify. Read more Program Delivery Update: Read more Temporary Public Policy: Read more

Biometrics Collection: On October 25, 2023, IRCC issued updated guidance on the types of biometric information collected and the categories of individuals who are required to provide biometrics. Read more

C90 Work Permit: On October 24, 2023, IRCC updated the process for issuing occupation-restricted open work permits under the Home Child Care Provider Pilot and the Home Support Worker Pilot. Officers are directed to use a specific workaround to prevent permits from defaulting to the passport expiry date, thereby ensuring the correct permit duration is granted. Read more

Oral Hearings – Pre-Removal Risk Assessments: Effective October 24, 2023, Pre-removal Risk Assessments (PRRAs) will be conducted through remote hearings by default. Read more