Weekly Digest | December 15, 2024

Key Highlights:

Recent Immigration Case Law
Federal Economic 3 Pathways Pilot (EMPP) Update
IRCC Online Survey for Newcomers
Permanent Residence Pathway for Foreign Nationals in State Care
Permanent Resident Visas for Extended Families of Former Afghan Interpreters
International Experience Canada – Australia
Alberta’s Plan to Secure the Southern Border
British Columbia PNP Update
Manitoba Provincial Nominee Program (MPNP) System – Technical Issue Update
Francophone Community Immigration Class
Rural Community Immigration Class
Latest PNP Draws

Recent Case Law

Work Permit – Adepoju v. Canada, 2024 FC 2014: Nigerian citizen applied for a work permit as a Children Minister in Alberta. The officer refused the application, citing insufficient evidence of prior employment, including the absence of payslips or proof of bank deposits. Dependent applications for a spousal work permit, children’s TRVs, and a study permit for a minor were also refused. Judicial review was dismissed. The Court found the decision reasonable, as the applicant failed to provide required documentation, and there was no breach of procedural fairness. Read more

Mandamus – Temporary Resident Visa – Alinejad v. Canada, 2024 FC 1994: Iranian citizen applied for a TRV in May 2022 to visit his wife and children in Canada. The application faced prolonged delays, prompting the applicant to request a writ of mandamus to compel a decision, citing significant prejudice due to the delay, including his wife’s high-risk pregnancy, postpartum depression, and the difficulty of raising young children alone in Canada. Judicial review granted. The court ordered IRCC to decide within 30 days, ruling the delay unreasonable and prejudicial due to the applicant’s family circumstances. Read more

Inadmissible – Banovic v. Canada, 2024 FC 1990: Montenegrin citizen declared inadmissible under IRPA 37(1)(b) for alleged involvement in organized criminality (drug smuggling and money laundering). The applicant argued the delay in addressing inadmissibility constituted abuse of process. Judicial review granted. The court finding the delay unreasonable and criticizing the officer’s failure to consider rehabilitation evidence, family ties, and the resulting prejudice from the delay. Read more

Spouse or Common-Law Partner in Canada Class – Liu v. Canada, 2024 FC 2001: The applicant’s PR application under the SCLPC Class was refused. The officer claimed the sponsor failed to declare the applicant as a common-law partner during her PR application, making the applicant an excluded family member under IRPR 125(1)(d). Judicial review granted. The court found the officer’s analysis inadequate and criticized insufficient reasoning regarding the conjugal relationship evidence. Read more

Study Permit – Oboghor v. Canada, 2024 FC 2019: Nigerian citizen applied for a study permit to attend a 10-month program in Canada. The officer refused the application, citing insufficient evidence of financial resources despite the applicant submitting a Canadian bank draft. Judicial review dismissed. The court upheld the officer’s decision as reasonable, noting the need for further evidence of the source, nature, and stability of funds. Read more

Inadmissible – Raiyani v. Canada, 2024 FC 2020: Applicant declared inadmissible for misrepresentation. The applicant contested the decision, arguing procedural unfairness. IRCC later reconsidered and maintained its decision. Judicial review dismissed as moot. The court ruled the issue academic, as IRCC had already reconsidered the applicant’s evidence, and the reconsidered decision was not before the court. Read more

Work Permit – Sayed v. Canada, 2024 FC 2021: Work permit application denied based on insufficient family ties, doubts about financial stability, and lack of qualifications for the proposed job. Judicial review granted. The court found the officer’s decision unreasonable for failing to consider evidence of the applicant’s family in India, stable employment as a cook in the UAE, valid temporary residency in the UAE, and relevant experience for the food service supervisor role under TEER 62020. Read more

Misrepresentation – Work Permit – Shen v. Canada, 2024 FC 1997: The applicant’s work permit was refused for misrepresentation, alleging her employment verification letter was fraudulent. The applicant argued procedural unfairness, as she was not informed of the evidence or investigation details. Judicial review was granted. The court found a breach of procedural fairness due to the lack of evidence disclosure, inadequate opportunity to respond, and failure to follow up on alternative references provided by the applicant. Read more

Study Permit – Work Permit – TRV – Vafaei v. Canada, 2024 FC 1987: Iranian family applied for a study permit, work permit, and TRV. The officer refused the applications, citing insufficient ties to Iran and questioning the principal applicant’s intent to return. Judicial review granted. The court found the decision unreasonable, noting the officer ignored evidence of the applicants’ family, financial, and professional ties to Iran, including a promotion offer and stable employment. Read more

IRCC News Updates

Federal Economic Mobility Pathways Pilot (EMPP) Update: The Federal EMPP includes two streams: the Job Offer stream and the No Job Offer stream. The No Job Offer stream is no longer accepting new applications for the remainder of 2024 and will reopen on January 1, 2025. Read more

IRCC Online Survey for Newcomers: IRCC is surveying permanent residents from 2017, 2019, 2021, and 2023 on their settlement experiences to improve programs. Invitations will be emailed starting December 16, 2024. The 20-minute survey, available in multiple languages, is voluntary and confidential, with a deadline of January 26, 2025. Read more

Program Delivery Updates

Permanent Residence Pathway for Foreign Nationals in State Care: Effective November 28, 2024, the pathway for permanent residence has been expanded to include applicants residing in Quebec. Read more

Permanent Resident Visas for Extended Families of Former Afghan Interpreters: Guidance has been updated to clarify the eligibility requirements for extended family members of former Afghan interpreters to apply for permanent resident visas under the updated temporary public policy. Read more

International Experience Canada – Australia: On December 11, 2024, updated instructions clarify participation limits for Australian citizens, effective December 18, 2024. Australian applicants are allowed two participations: one of up to 24 months in the Working Holiday or Young Professionals category and one of up to 12 months in the International Co-op (Internship) category. Read more

Provincial Government News

Alberta’s Plan to Secure the Southern Border: The Alberta government has introduced a new Interdiction Patrol Team (IPT) to combat illegal drugs, firearms, and migrants along the 298-kilometre U.S. border. A two-kilometre critical border zone will be established under the Critical Infrastructure Defence Act, allowing warrantless arrests for illegal crossings and trafficking activities. Legal travellers on Alberta highways remain unaffected. Read more

British Columbia PNP Update: The final invitations to apply for the BC PNP Skilled Worker and Entry Level & Semi-Skilled streams will be issued on December 10, 2024. Registrations for future ITAs will remain open. The Health Authority stream and the International Post-Graduate (IPG) stream will continue accepting applications, with IPG applications open until January 7, 2025, at 9 am for eligible international students. Read more

Manitoba Provincial Nominee Program (MPNP) System – Technical Issue Update: As of December 13, 2024, the MPNP continues to address a technical issue affecting its processes. Applications and Expressions of Interest are still being accepted, and draws will resume once the issue is resolved. Read more

Canada Gazette Updates

Francophone Community Immigration Class: New Ministerial Instructions establish the Francophone Community Immigration Class under the Immigration and Refugee Protection Act. This program enables foreign nationals with the ability to become economically established to apply for permanent residence in designated Francophone communities outside Quebec. Key criteria include a genuine job offer, work experience, language proficiency in French, and settlement funds, with oversight provided by designated economic development organizations. These instructions are effective for five years starting November 26, 2024. Canada Gazette, Part I, Volume 158, Number 50: Read more

Rural Community Immigration Class: New Ministerial Instructions establish the Rural Community Immigration Class as part of the economic class under the Immigration and Refugee Protection Act. This program enables foreign nationals with the ability to become economically established to apply for permanent residence in designated rural communities outside Quebec. Key criteria include a genuine job offer, required work experience, language proficiency, and settlement funds, with oversight provided by designated economic development organizations. These instructions are effective for five years starting November 26, 2024. Canada Gazette, Part I, Volume 158, Number 50: Read more

Latest Draws

Important Upcoming Dates

December 18, 2024: Manitoba will accept Support Letter applications under the Temporary Public Policy for Provincial Nominee Program candidates until 12:59 PM CST. Read more

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