Weekly Digest | December 8, 2024

Key Highlights:

Recent Immigration Case Law
Child Protection System Public Policy Updates
Significant Benefit to Canada Update
Study Permits – Who Needs a Study Permit
Temporary Special Measures in Response to the Crisis in Lebanon
New Regulatory Conditions on Designated Learning Institutions
Latest Express Entry and PNP Draws

Recent Case Law

Mandamus – Study Permit – TRV – Abbasy v. Canada, 2024 FC 1982: Iranian citizen applied for a study permit to pursue a PhD at the University of Manitoba, with accompanying TRVs for her spouse and child. IRCC delayed processing for over 20 months. Judicial review dismissed. The court ruled the delay was not unreasonable, as the applicants failed to meet the mandamus test, including proving significant prejudice due to the delay. Read more

Humanitarian & Compassionate – Clarke v. Canada, 2024 FC 1933: Jamaican citizen, who spent approximately 15 years working in Canada’s agricultural sector and supported family members in Jamaica, applied for permanent residence on humanitarian and compassionate grounds. He relied on longstanding employment history, community connections, health conditions, and hardships in Jamaica to justify his request. Judicial review dismissed. The court found no error in the officer’s discretion or evaluation of evidence. Read more

PRTD – Da v. Canada, 2024 FC 1952: Chinese citizens, permanent residents of Canada, sought PRTDs after spending extended periods abroad for work. The application was denied due to non-compliance with the residency obligation. Judicial review dismissed. The court upheld the IAD’s decision that the employment did not qualify as a temporary “assignment” under section 61(3) of the Regulations, as there was no firm commitment to reintegrate in Canada. Read more

LMIA – Work Permit – Dini v. Canada, 2024 FC 1969: An Iranian citizen’s work permit application was denied due to fraudulent LMIA documents submitted by a ghost consultant. The applicant claimed victimization and attempted to withdraw the application but failed to provide proof. Judicial review dismissed. The court reiterated applicants are accountable for misrepresentation, regardless of third-party actions, to uphold the integrity of the immigration system. Read more

LMIA – Work Permit – Hou v. Canada, 2024 FC 1938: Applicant sought a work permit as a cook but was denied due to insufficient proof of English proficiency and lack of required credentials as per the LMIA. Judicial review dismissed. The court found the decision reasonable as the applicant failed to demonstrate eligibility for the position. Read more

Misrepresentation – Study Permit – Kolade v. Canada, 2024 FC 1966: Nigerian citizen’s study permit application was refused for misrepresentation due to a fee reversal linked to a previous application. The applicant blamed a consultant for the reversal. Judicial review dismissed. The court upheld the officer’s decision, finding no procedural unfairness and emphasizing the applicant’s responsibility for ensuring the accuracy of their application. Read more

Misrepresentation – Saskatchewan PNP – Oyekola v. Canada, 2024 FC 1970: Nigerian citizen’s permanent residence application was denied due to a fraudulent letter of acceptance submitted with a prior study permit application. Judicial review dismissed. The court upheld the officer’s decision, noting procedural fairness in the finding of inadmissibility. Read more

Humanitarian & Compassionate – Radakovic v. Canada, 2024 FC 1949: Serbian citizen with Canadian-born children applied for permanent residence on humanitarian and compassionate grounds, citing establishment in Canada and hardship upon return to Serbia. Judicial review granted. The court found the officer’s assessment of establishment and hardship unreasonable, remanding the matter for reconsideration by a different decision-maker. Read more

LMIA – Work Permit – Sharma v. Canada, 2024 FC 1928: Indian citizen’s work permit application as a kitchen helper in British Columbia was refused due to insufficient English proficiency. Judicial review granted. The court found the officer’s substitution of language requirements unreasonable, as the LMIA and job description did not support the imposed standard. The matter was remitted for redetermination by a different officer. Read more

Express Entry – Singh v. Canada, 2024 FC 1944: An applicant’s permanent residence application under the Express Entry program was denied due to insufficient proof of legitimate Canadian work experience, which reduced his Comprehensive Ranking System (CRS) score below the cut-off for his round of invitation. Judicial review granted. The court found the officer’s reasoning inadequate, citing failure to engage with submitted evidence, and remitted the matter for reconsideration by a different officer. Read more

C11 Work Permit – Tabaak v. Canada, 2024 FC 1955: Iranian citizen’s work permit application under the International Mobility Program was denied due to insufficient funding for his proposed construction business in British Columbia. Judicial review granted. The court found the officer’s financial analysis unreasonable, as it failed to consider projected revenues and lacked intelligible reasoning. The matter was remitted to a different officer for redetermination. Read more

Start-up Business Class – Tan v. Canada, 2024 FC 1986: An applicant’s permanent residence application under the Start-up Business Class was denied after an essential member of the entrepreneurial team withdrew. Judicial review dismissed. The court upheld the officer’s interpretation of regulations, emphasizing the timing requirements for commitment certificates and finding the decision reasonable. Read more

Temporary Public Policies

Subsequent Updated Temporary Public Policy for Certain Individuals in Canada Who Entered Under the Age of 19: Effective November 28, 2024, this policy provides a pathway to permanent residence for eligible individuals who came to Canada under the legal responsibility of the child protection system. It includes specific conditions for principal applicants and their in-Canada family members, addressing inadmissibility issues and offering support for those facing deportation to countries with which they have little or no connection. The policy is valid until January 21, 2027, unless revoked earlier. Read more

Subsequent Updated Temporary Public Policy Concerning Fees for Applicants under the Child Protection System Public Policy: Effective November 28, 2024, this policy provides fee exemptions for eligible applicants and their in-Canada family members applying for permanent residence under the child protection system public policy. The exemptions include application processing fees for permanent residence and biometrics collection fees, reducing financial barriers for this vulnerable population. The policy is valid until January 21, 2027, unless revoked earlier. Read more

Program Delivery Updates

Significant Benefit to Canada [R205(a) – C10] – Canadian Interests – International Mobility Program: On December 6, 2024, IRCC updated instructions to include a link to Operational Bulletin 649, which was previously unavailable externally. Read more

Study Permits – Who Needs a Study Permit: On December 6, 2024, IRCC updated instructions to clarify scenarios where individuals can study without a study permit. These include individuals who applied for their work permit before June 7, 2023, and have since been issued the permit, as outlined in the temporary public policy. Read more

Temporary Special Measures in Response to the Crisis in Lebanon: On December 4, 2024, IRCC introduced operational guidance outlining temporary special measures designed to support clients impacted by the crisis in Lebanon. Read more

New Regulatory Conditions on Designated Learning Institutions: On December 3, 2024, IRCC has introduced a new instructions page outlining the conditions and consequences for Designated Learning Institutions (DLIs) under recent regulatory amendments to the Regulations, aimed at strengthening the integrity of the International Student Program. The page also provides an overview of the compliance verification process for DLIs. Read more

Provincial Government News

Alberta at the Global AI Show: On December 13, 2024, Ministers Nate Glubish and Mickey Amery will attend the Global AI Show in the UAE to promote Alberta as an AI hub. The mission includes meetings with officials to boost AI investments and explore tech advancements for Alberta’s justice system. Trip expenses will be disclosed online. Read more

Conclusion of Temporary Public Policy for Manitoba PNP Work Permits: Manitoba will accept Support Letter applications under the Temporary Public Policy for Provincial Nominee Program candidates until December 18, 2024, at 12:59 PM CST. IRCC will accept work permit applications under this policy until December 31, 2024. Read more

Manitoba PNP System – Technical Issue: Since December 1, 2024, MPNP has not issued acknowledgement of receipt emails due to a technical issue. Applications and Expressions of Interest are still being accepted. No draws will occur the week of December 2, 2024, but are expected to resume the week of December 9, 2024. Read more

Latest Draws

Important Upcoming Dates

December 31, 2024: GTA Out-of-Status Construction Workers Program extension ends. Read more

December 31, 2024: Temporary public policy to facilitate open work permits for foreign nationals placed in an expression of interest pool or a Provincial Nominee Program ends. Read more

December 31, 2024: Temporary work permit extension policy for Manitoba Provincial Nominee candidates ends, allowing eligible candidates with expiring permits in 2024 to apply for a two-year, Manitoba-specific extension. Read more; Public Policy: Read more

December 31, 2024: Deadline for submitting applications to IRCC for the Yukon-specific work permits. Read more; Public Policy: Read more

December 31, 2024: Public policy supporting Ukrainian nationals under CUAET expires, allowing eligible individuals to enter Canada and apply for or extend work and study permits. Read more

December 31, 2024: Extended measures for Ukrainians under CUAET end, providing fee-exempt permits and facilitated entry for eligible visa holders unable to travel by March 31, 2024. Read more