Weekly Digest | October 8, 2023

Key Highlights:

Recent Case Law

Study Permit Restoration: In Singh, 2023 FC 1315, the Federal Court dismissed the judicial review concerning a visa officer’s refusal to restore the applicant’s study permit. The refusal was grounded on a one-year study gap and insufficient financial resources per sections 220.1 and 220(a) of the Immigration and Refugee Protection Regulations (IRPR). Read more

Temporary Residence Applications: In Askari, 2023 FC 1318, the Federal Court granted the judicial review of a visa officer’s refusal of an Iranian couple’s temporary residence applications, remitting the case to a different officer for re-evaluation. The initial decision, which denied the primary applicant’s study permit and her family members’ related work and temporary resident visas, was deemed unreasonable due to the officer’s failure to meaningfully engage with the evidentiary record concerning the applicants’ establishment in Iran. Read more

Temporary Public Policy for Certain Temporary Resident Applicants: On October 6, 2023, a Temporary Public Policy was introduced to exempt certain individuals, who came to Canada under the age of 19 while under the legal responsibility of the child protection system, from the requirement to pay fees for processing temporary resident applications and for the collection of biometrics information. Read more

Special Authorization for Dual Nationals: On October 6, 2023, a title change was applied to the instructions, formerly known as “Facilitation Visa,” along with additional information directing processing officers to the information page on dual Canadian nationals. Read more

Super Visas: On October 6, 2023, significant amendments were made to the instructions concerning Super Visas pursuant to Bill C-242, which received assent on June 22, 2023, and the new Ministerial Instructions regarding the parents and grandparents Super Visa, effective from September 15, 2023. Read more

Assessing Credibility in Resettlement: On October 5, 2023, IRCC updated the Program Delivery Instructions to provide guidance on the assessment of credibility during the application process. Read more

Wildfire Special Processing Measures: Updated instructions indicate an extension of special measures for individuals directly impacted by the 2023 wildfires across Canada until November 30, 2023.

Earthquake Special Processing Measures: Temporary special measures in response to the 2023 earthquakes in Türkiye and Syria have been extended until January 3, 2024. Read more