Weekly Digest | February 23, 2025

Key Highlights:

Recent Case Law

Work Permit – Cadougan v. Canada, 2025 FC 329: Citizen of St. Vincent and the Grenadines applied for a work permit under the Temporary Foreign Worker Program after voluntarily complying with a removal order. The officer refused the application, citing concerns about the applicant overstaying. The Court found the decision unreasonable as the officer failed to engage with the applicant’s Authorization to Return to Canada (ARC) submissions. Judicial review granted. Read more

Restoration of Status – Coins v. Canada, 2025 FC 349: United States citizen sought to restore his temporary resident status after his visitor record expired. His application was refused on the grounds that his proposed stay was inconsistent with a temporary purpose, given his family ties in Canada. The Court found the decision unreasonable, noting that the officer failed to consider the applicant’s compliance with restoration requirements. Judicial review granted. Read more

Spousal Sponsorship – Crosby Arthur v. Canada, 2025 FC 338: Ghanaian applicant’s permanent residence application under the Spouse or Common-Law Partner in Canada class was refused due to concerns about the validity of her prior marriage’s dissolution. The officer determined that the applicant had not provided sufficient proof under Ghanaian law, relying on IRCC guidelines requiring a court-issued decree. The Court found the decision unreasonable and procedurally unfair, as the officer failed to properly assess the applicant’s registered customary divorce, which is legally recognized in Ghana. Judicial review granted. Read more

Canadian Experience Class – Gholami v. Canada, 2025 FC 198: Iranian applicant’s permanent residence application under the Canadian Experience Class was refused due to concerns over the legitimacy of his work experience. The officer questioned the existence of his employer and inconsistencies in job descriptions. The Court found the officer’s reasoning justified. Judicial review dismissed. Read more

Temporary Resident Permit – Nicolas v. Canada, 2025 FC 320: Filipino applicant’s TRP was refused despite evidence that her immigration consultant, whose licence was suspended, misled her, resulting in her loss of status. The Court found the officer’s decision unreasonable for failing to properly consider the fraudulent actions of the consultant and their impact on the applicant’s circumstances. Judicial review granted. Read more

Work Permit – Zhang v. Canada, 2025 FC 294: Applicant applied for a work permit under the Temporary Foreign Worker Program with a positive LMIA. The officer refused the application, finding the job offer not genuine. The Court ruled that the officer breached procedural fairness by failing to notify the applicant that the credibility of the job offer was in question. The reconsideration process did not cure the fairness breach as it was unclear if the officer reassessed the new evidence. Judicial review granted. Read more

Canada Expands Support for Sudanese Nationals: Canada will resettle up to 4,000 Sudanese government-assisted refugees by 2026, support 700 privately sponsored refugees, and increase family-based permanent residence spaces from 3,250 to over 5,000, allowing 10,000 people to settle in Canada. The family-based pathway reopens February 25, 2025, with no Quebec residency restriction. More details will follow. Canada has already resettled over 1,360 Sudanese refugees and allocated $100M in humanitarian aid. Read more

CBSA Investigation Leads to Conviction: The CBSA secured a 12-month prison sentence for 30-year-old Colombian national for immigration-related offences, including avoiding control, unauthorized return to Canada, and using a fraudulent document. This follows prior convictions in March 2024 and August 2017. Arrested on December 12, 2024, he pleaded guilty on February 18, 2025. Fraudulent document offences under IRPA carry penalties of up to 14 years imprisonment. Read more

Northwest Territories Nominee Program Update: The NTNP reopens February 27, 2025, accepting 90 new applications until March 6, 2025. Due to a reduced federal allotment (150 total nominations), spots are allocated by stream: 70 for Yellowknife employers (35 Entry Level/Semi-Skilled, 35 Skilled Worker/Express Entry), 10 for employers outside Yellowknife (5 Entry Level/Semi-Skilled, 5 Skilled Worker/Express Entry), and 10 for Francophones. Employer limits apply, and applications will be selected randomly, prioritizing those with earlier work permit expiries. Read more

Newfoundland and Labrador Immigration Update: The NLPNP and AIP have moved to an Expression of Interest model, requiring individuals to first submit a short form before being invited to apply. This change allocates immigration spaces strategically and supports key sectors like health care and education. Applications submitted before the transition remain valid, with some bypassing the new step based on case-by-case assessment. Processing may now take three months or more. The pause on Job Vacancy Assessments and AIP Designations for employers continues. The province has 2,525 immigration spaces for 2025 and is advocating for more. Read more

Regulatory Update – Provincial Nominee Program: Canada proposes regulatory amendments to streamline PNP processing by removing federal duplication in assessing a nominee’s economic establishment and intent to reside, making provinces solely responsible for these assessments. Public consultation open until March 24, 2025. Expected benefits include processing efficiencies, cost savings for IRCC, and reduced applicant delays. Canada Gazette, Part I, Volume 159, Number 8: Read more

February 28, 2025: Deadline for Iranian nationals in Canada to apply for fee-exempt temporary residency extensions, work permits, or study permits under the special policy. Read more Policy: Read more Special Measures: Read more

March 31, 2025: Launch of the new Home Care Worker Immigration Pilots. Further details to follow. Read more

March 31, 2025: End date for extended work and study permit measures and free settlement services for Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization. Read more Notices: Read more Policy: Read more

March 31, 2025: Expiry of the public policy allowing Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization. Read more