Canadian Immigration Law

Weekly Digest | May 11, 2025

Key Highlights:

1. Recent Judicial Reviews
2. Port of Entry Work Permit Eligibility
3. WADA Foreign Workers
4. Latest PNP Draws
5. Important Upcoming Dates

Recent Case Law

• Temporary Resident Permit – ARC – Ali v. Canada, 2025 FC 865: Guyanese applicant with past removals and convictions sought a TRP and ARC to reunite with his Canadian spouse. Despite a valid marriage, record suspension, and a positive criminal rehabilitation decision, IRCC refused for the fourth time. Court found IRCC failed to reasonably assess new evidence and misapplied discretion. Judicial review granted. Read more

• Temporary Resident Permit – Brar v. Canada, 2025 FC 812: Indian applicant overstayed after academic suspension and cited mental health for a TRP. Officer refused despite psychiatric reports and deferred college entry, finding no hardship justifying stay. Court upheld the decision as fair and evidence-based. Judicial review dismissed. Read more

• Humanitarian & Compassionate – Gonzalez Madruga v. Canada, 2025 FC 822: Cuban grandmother’s H&C claim centred on caregiving for Canadian grandchildren. Officer minimized the BIOC, citing parental care and childcare availability. Court found the BIOC assessment flawed and not child-focused. Judicial review granted. Read more

• Labour Market Impact Assessment – Guitang v. Canada, 2025 FC 835: Philippine caregiver’s LMIA-based work permit was refused after Officer used optional NOC 44101 criteria instead of LMIA terms. Court ruled this conflation unreasonable and that non-mandatory NOC items were treated as required. Judicial review granted. Read more

• Humanitarian & Compassionate – Kiver v. Canada, 2025 FC 819: Ukrainian Super Visa holder’s H&C application was refused despite war, health issues, and close family ties. Officer downplayed risk by focusing on her temporary status and overlooked key hardship evidence. Court found the reasoning flawed. Judicial review granted. Read more

• Inadmissibility – LMIA – Maleki v. Canada, 2025 FC 850: Iranian applicant found inadmissible for misrepresentation after consultant submitted fraudulent LMIA. Officer rejected claim of unawareness. Court found the reasoning coherent and the new affidavit evidence inadmissible. Judicial review dismissed. Read more

• Humanitarian & Compassionate – Marcel v. Canada, 2025 FC 863: Brazilian family’s H&C application was refused despite their establishment and the children’s integration. Officer gave limited weight to these factors, citing unauthorized work, unpaid taxes, and parental care meeting basic needs. The Court found the analysis of hardship and children’s interests reasonable. Judicial review dismissed. Read more

• Humanitarian & Compassionate – Sandhu v. Canada, 2025 FC 832: Elderly widow from India with over 20 years in Canada was refused H&C relief. Officer downplayed her establishment, overlooked her interdependent family ties, and failed to assess hardship from uprooting. Court found inadequate engagement with Kanthasamy framework. Judicial review granted. Read more

• Post-Graduation Work Permit – Saqeb v. Canada, 2025 FC 845: Bangladeshi graduate’s PGWP refused due to extended part-time studies. Officer applied PGWP criteria strictly and found no discretion to accommodate medical reasons. Court upheld the decision under IRPR s. 205(c)(ii). Judicial review dismissed. Read more

• Temporary Resident Visa – Sungai v. Canada, 2025 FC 825: Zimbabwean applicant’s spousal open work permit was refused after Officer found his spouse not actively studying. Officer overlooked her medical leave due to pregnancy. Court held this breached procedural fairness and granted judicial review without addressing merits. Judicial review granted. Read more

Program Delivery Updates

• Port of Entry Work Permit Eligibility – May 7, 2025: IRCC updated instructions clarifying which foreign nationals in Canada may apply for a work permit at a port of entry. The guidance outlines who is no longer eligible, providing direction to both IRCC and CBSA officers under the Temporary Foreign Worker Program and International Mobility Program. Read more

• WADA Foreign Workers – May 5, 2025: IRCC updated the guidance for officers processing work permits for foreign nationals employed by the World Anti-Doping Agency under R205(a) – C10. Revisions clarify length of stay and extensions, improve language on “significant benefit,” and bring formatting in line with other International Mobility Program instructions. 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