Weekly Digest | September 29, 2024

Key Highlights:

Recent Case Law

Study Permit, OWP, TRV – Ajayi v. Canada, 2024 FC 1492: A family applied for a study permit, open work permit, and TRV. The officer found them inadmissible for misrepresentation based on fraudulent bank statements. Judicial review granted. The court found the decision unreasonable due to a lack of clear and convincing evidence of misrepresentation. Read more

Study Permit – Firdous v. Canada, 2024 FC 1512: A Pakistani family of five (a mother and her four dependent children) applied for work and study permits to reunite with their father in Canada. The officer refused the applications, citing strong family ties in Canada and insufficient ties to Pakistan. Judicial review dismissed. The court upheld the decision, finding the officer’s assessment reasonable. Read more

Humanitarian & Compassionate – Hernandez Garcia v. Canada, 2024 FC 1494: A Mexican family applied for permanent residence on humanitarian and compassionate grounds, citing their establishment in Canada and the best interests of their children. Judicial review granted. The court found the officer imposed an unreasonable standard of establishment and hardship. Read more

Temporary Resident Visa – Jethi v. Canada, 2024 FC 1503: An Indian applicant sought a TRV to visit Canada for business exploration, but the officer denied the application, questioning the legitimacy of the purpose and the financial resources. Judicial review dismissed. The court found the officer’s decision reasonable, stating the applicant failed to substantiate their financial claims. Read more

Humanitarian & Compassionate – Matse v. Canada, 2024 FC 1497: An Eswatini applicant applied for permanent residence on humanitarian and compassionate grounds, citing establishment in Canada, mental health issues, and the best interests of his Canadian-born children. Judicial review dismissed. The court found the officer reasonably considered the evidence. Read more

Study Permit – Tandel v. Canada, 2024 FC 1487: An Indian dentist applied for a study permit to pursue Health Care Administration in Canada. The officer refused, questioning the logical progression of her study plan. Judicial review granted. The court found the officer failed to address the core of the applicant’s career plan. Read more

Temporary Resident Visa – Wang v. Canada, 2024 FC 1521: A Chinese applicant was refused a TRV and found inadmissible for five years for misrepresentation, as she failed to disclose previous visa refusals. Judicial review granted. The court found the officer did not properly assess the materiality of the omission. Read more

CBSA Issues a Temporary Halt on Removals to Lebanon: On September 27, 2024, the Canada Border Services Agency (CBSA) implemented an Administrative Deferral of Removals (ADR) to Lebanon due to the volatile and unpredictable situation, marked by violent clashes, daily rocket fire, and air strikes. The ADR will remain in place until conditions stabilize. It does not apply to individuals inadmissible on grounds of criminality, international violations, or security. Read more

Open Work Permits for H-1B Visa Holders and Their Family Members: IRCC has corrected the expiry date in the program delivery instructions for the temporary public policy allowing family members of H-1B visa holders to apply for open work permits. The correct eligibility dates for the public policy are from July 16, 2023, to September 26, 2024 (inclusive). Read more

Temporary Resident Program: On September 27, 2024, IRCC has amended the Program Delivery Instructions (PDI) to remove special COVID-19 measures that are no longer in effect. This update impacts the Temporary Resident Program and electronic travel authorization procedures. Read more

Alberta’s New Worker Streams Expression of Interest: As of September 30, 2024, candidates interested in the Alberta Advantage Immigration Program’s (AAIP’s) worker streams must submit a Worker Expression of Interest (EOI) through the AAIP portal. There is no fee for submitting the EOI. Candidates will self-declare information through an online form, and their EOIs will be scored and ranked using the Worker EOI points grid. Ongoing draws will be conducted from the Worker Stream pool based on provincial labour market needs, EOI scores, and available nominations. Successful candidates will receive invitations to apply via email. No draws will occur until mid or late October 2024. Read more

Ontario Invests to Attract and Retain International Agri-Food Workers: The governments of Canada and Ontario are investing up to $1.5 million over four years to support international agri-food workers (IAWs) in Ontario’s $51 billion agri-food sector. This funding will enhance translation services, transportation, and cultural activities through the IAW Welcoming Communities Initiative, which builds on the Virtual Welcome Centre launched in 2023. Applications for cost-share funding are open from October 8, 2024, to November 19, 2024. Read more

September 30, 2024: Deadline for submitting applications for the Newfoundland and Labrador Settlement and Integration Grants program. Read more

September 30, 2024: Alberta Advantage Immigration Program introduces a new expression of interest system. Read more

September 30, 2024: Deadline for ESDC Online Questionnaire on Strengthening Workforce. Read more Questionnaire: Read more

October 10, 2024: Upcoming draws for the Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur Category. Read more

October 27, 2024: Extension period ends for support measures for family members who fled Sudan due to conflict since April 15, 2023. Read more; PDI: Read more; Policy: Read more

October 31, 2024: Consultation period closes for public feedback on the Canada-United States-Mexico Agreement (CUSMA), aimed at refining its effectiveness for the 2026 joint review and the 2025 CUSMA Free Trade Commission meeting. Read more

October 31, 2024: Validity ends for previously issued Educational Credential Assessments (ECAs) for architects (NOC 21200) by bodies other than the Canadian Architectural Certification Board (CACB). Read more