Canadian Immigration Law

Weekly Digest | May 4, 2025

Key Highlights:

1. Recent Judicial Reviews
2. Study Permit – Scholarship and Award Recipients
3. Pre-Removal Risk Assessment Hearings
4. ICT Program Delivery Update
5. Updated Forms and Checklists
6. Latest Express Entry and PNP Draws
7. Important Upcoming Dates

Recent Case Law

• Work Permit – Coolen v. Canada, 2025 FC 786: Mauritian applicant deemed inadmissible for misrepresentation after a consultant submitted incorrect forms omitting a prior fine. Despite consultant error and lack of procedural transparency, the Court found the applicant failed to meet the candour duty. Judicial review dismissed. Read more

• Study Permit – Dare v. Canada, 2025 FC 784: Nigerian applicant’s study permit refused due to unexplained origin of investment funds. Officer found earnings inconsistent with reported savings and no adequate documentation. Judicial review dismissed. Read more

• Humanitarian & Compassionate – Fernandez v. Canada, 2025 FC 752: Filipino applicant’s H&C application refused without applying a compassionate lens. Officer gave undue weight to unauthorized work and failed to consider evidence of LGBTQ discrimination in the Philippines. Judicial review granted. Read more

• Residency Obligation – Ghaith v. Canada, 2025 FC 739: Jordanian permanent resident found non-compliant with the residency obligation despite overseas employment with a Canadian business. IAD held that the work abroad was not a qualifying assignment. The Court upheld the interpretation as consistent with jurisprudence. Judicial review dismissed. Read more

• Express Entry – Goel v. Canada, 2025 FC 747: Applicant’s permanent residence application under Express Entry rejected as incomplete for failing to provide a marriage certificate. Affidavits were submitted instead, without explanation. The Court upheld the refusal as reasonable under IRPR s. 10. Judicial review dismissed. Read more

• Study Permit – Ishola v. Canada, 2025 FC 783: Nigerian applicant’s study permit refused due to unexplained lump sum deposits and missing details regarding rental income. Officer found the financial documentation insufficient to establish reliable funding. Judicial review dismissed. Read more

• Temporary Resident Visa – Khan v. Canada, 2025 FC 758: Pakistani family denied TRVs to visit a relative with cancer. Officer cited insufficient financial ties and inconsistent travel purpose under IRPR s. 179(b), but failed to engage with detailed supporting evidence. Court found the decision generic and unresponsive to key facts. Judicial review granted. Read more

• Temporary Resident Visa – Kilonzo v. Canada, 2025 FC 766: Kenyan applicant’s TRV refusal quashed after Officer failed to consider clear evidence of $26,000 in savings and mischaracterized the purpose of visiting his Canadian half-sister, despite detailed submissions and proof of their relationship. Court held the decision lacked justification and failed to engage with key facts. Judicial review granted. Read more

• Temporary Resident Permit – Luttrell v. Canada, 2025 FC 779: American applicant challenged refusal of TRP citing medical hardship and long-term residence. However, a new TRP had since been issued, rendering the matter moot. Court declined to rule on the merits, finding no live controversy and no compelling reason to proceed. Judicial review dismissed. Read more

• Mandamus – Temporary Resident Visa – Sharma v. Canada, 2025 FC 796: Indian applicant sought mandamus after waiting over three years for a TRV decision. The Court found the delay unreasonable given the 18-day average processing time and held that proof of “significant prejudice” was not required. Officer ordered to decide within 30 days. Judicial review granted. Read more

Program Delivery Updates

• Study Permit – Scholarship and Award Recipients – Apr 28, 2025: IRCC updated instructions with a revised list of Global Affairs Canada scholarships; recipients are exempt from submitting a provincial or territorial attestation letter (PAL/TAL) with their study permit, and added guidance on assessing financial requirements for scholarship and award recipients. Read more

• Pre-Removal Risk Assessment Hearings – Apr 29, 2025: Consent to participate in remote PRRA hearings is now implied; signed consent and waiver forms are no longer required. Applicants may request an on-site virtual or in-person hearing if they do not wish to consent. On-site virtual hearings will be arranged upon request and will no longer be treated as accommodation requests. Read more

• Free Trade Agreements – CETA & CUKTCA – May 2, 2025: IRCC corrected the length of stay details and removed the term senior from the description of manager roles under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Canada-United Kingdom Trade Continuity Agreement (CUKTCA), following broader updates to Free Trade Agreements under R204(a) released on October 1, 2024. Read more

Updated Forms and Checklists

• IMM 5476: Use of a Representative Form: Read more
• CIT 0485: Document Checklist: Adoption – Part 2 – Adoptee’s Application: Read more
• CIT 0012: Adoptee’s Application: Read more

Latest Draws

Important Upcoming Dates

• May 25, 2025: Deadline to complete the GNWT survey seeking input from internationally educated nurses residing in the Northwest Territories but not licensed to practise. Read more

• June 28, 2025: Alberta’s 13-member advisory committee will submit its report on improving foreign credential recognition to the Minister of Immigration and Multiculturalism. Read more

• June 30, 2025: Temporary suspension of new applications under the Québec Graduate stream and invitations under the Regular and Skilled Worker Selection Programs remains in effect until this date. Read more