Weekly Digest | December 3, 2023

Key Highlights:

Recent Case Law

Reconsideration Application: In Wophill, 2023 FC 1618, the Federal Court declined judicial review for a permanent residence application reconsideration. The Court noted that new evidence is considered at the second stage of the reconsideration process, and it is the officer’s discretion to move past the first stage. The Court found the officer’s decision to be reasonable, and there was no breach of procedural fairness. Read more

Work Permit: In Nguyen, 2023 FC 1617, the Federal Court granted judicial review of the immigration officer’s refusal of the applicant’s work permit. The Court found the officer’s decision unreasonable, particularly in assessing the applicant’s financial ability and employment credibility. The officer also failed to provide the applicant an opportunity to address credibility concerns regarding her employment in Vietnam, breaching procedural fairness. Read more

C11 Work Permit: In Sedghi, 2023 FC 1601, the Federal Court found the denial of an LMIA-exempt work permit under the International Mobility Program unreasonable. The officer’s assessment of the applicant’s business and financial investments was flawed, particularly regarding liquid cash versus equity investments, and failed to consider the applicant’s potential to benefit Canada economically, socially, or culturally. Read more

Family Sponsorship: In Heidari, 2023 FC 1604, the Federal Court granted judicial review for an eleven-year-old Afghan refugee living in Iran. The officer had based the refusal on insufficient proof of familial relationship, lack of DNA evidence, and the sponsor’s failure to declare the child upon her arrival in Canada. The Court found the decision unreasonable, lacking in coherence and procedural fairness, particularly in the assessment of the familial relationship and DNA test accommodation. Read more

Fee Increase for Inadmissibility Cases: Starting December 1, 2023, foreign nationals applying for restoration of status or re-entry to Canada after being declared inadmissible will face increased fees. This hike is an adjustment for inflation since April 2018. Read more

New Form for Study Permits: From December 1, 2023, a revised study permit application form (IMM1294) is required. Applications submitted via the Authorized Paid Representatives Portal must use this updated form. Submissions using the old form post-December 1, 2023, will be rejected. Read more

New Rule for Study Permits: Effective December 1, 2023, study permit applicants must identify a Designated Learning Institution (DLI) on their application. The DLI must confirm the applicant’s acceptance to the Department of Citizenship and Immigration within 10 days of the Department receiving the application. Failure to do so will result in the application being returned unprocessed. This rule is intended to ensure accurate verification of student acceptance and deter fraudulent applications. Read more

Proposed Amendments to Recovery of Removal Costs: The Canada Border Services Agency plans to update fees for recovering removal costs from foreign nationals. The consultation period for these amendments, which include $3,739 for unescorted removals and $12,541 for escorted air removals, is open until January 1, 2024. Effective from April 8, 2024, these changes aim to better reflect actual costs and promote voluntary compliance. Read more

British Columbia Labour Force Survey (November 2023): The Minister of Jobs, Economic Development, and Innovation highlighted British Columbia’s robust job market, underscored by significant private-sector growth and the highest wage rise in Canada since 2017. The implementation of the International Credentials Recognition Act is a key advancement for immigrants, streamlining credential verification for internationally trained professionals in 29 critical areas, such as engineering, healthcare, and education. Read more

SINP Expansion: On November 30, 2023, Saskatchewan announced an increase of 100 nominations for the Saskatchewan Immigrant Nominee Program (SINP), totaling a record 7,350 for the year. This expansion is part of a plan to welcome about 20,000 newcomers within two years. The province is also pursuing greater immigration control, similar to the Canada-Quebec Accord, to better match skilled immigration with labor market needs. Read more