Weekly Digest | August 31, 2025

Key Highlights:

Recent Case Law

Study Permit – Abdul Samad v. Canada, 2025 FC 1408: Afghan applicant residing in Kuwait. Officer refused for lack of temporary intent, relying on Afghan country conditions and stating the applicant would not return to Afghanistan or the current country of residence. Court held the reasons failed to engage with ties and establishment in Kuwait and lacked justification. Judicial review granted. Read more

Humanitarian & Compassionate – Duran Bantan v. Canada, 2025 FC 1416: Officer gave substantial weight to the child’s best interests but did not explain what outweighed them; analysis lacked a coherent chain of reasoning. The officer also applied an improper “extraordinary establishment” threshold. Judicial review granted. Read more

Humanitarian & Compassionate – Reconsideration – Duran Bantan v. Canada, 2025 FC 1417: On reconsideration, the officer repeated the “extraordinary establishment” error and failed to engage with new submissions and jurisprudence. The officer again gave substantial weight to the child’s interests but did not explain what outweighed them, even with evidence of a four-year separation. Judicial review granted. Read more

Study Permit – Kaur v. Canada, 2025 FC 1415: Officer reasonably questioned provenance of funds and academic preparedness; no duty to offer an opportunity to cure deficiencies. The “career counsellor” error was not determinative. Judicial review dismissed. Read more

Humanitarian & Compassionate – Morgan v. Canada, 2025 FC 1422: Two conflicting versions of the refusal were issued, with only one included in the Certified Tribunal Record. The Court found a breach of procedural fairness and held the decision unreasonable. Judicial review granted. Read more

Temporary Resident Visa – Ilyas v. Canada, 2025 FC 1424: Refusal relied on a bare GCMS paragraph and provided no intelligible reasons on the stated business purpose or departure risk. The Court could not discern the reasoning. Judicial review granted. Read more

Work Permit – Singh v. Canada, 2025 FC 1442: Officer asserted no significant ties outside Canada, overlooking evidence of immediate family in India and lawful employment with banking history in Kuwait. Reasons were not intelligible. Judicial review granted. Read more

Study Permit – Husnain v. Canada, 2025 FC 856: Applicant offered limited explanation for program choice; officer reasonably found no clear career path and concluded the purpose was not consistent with a temporary stay. Judicial review dismissed. Read more

Spouse or Common-Law Partner in Canada Class – Benjamin v. Canada, 2025 FC 1421: The officer’s findings that the relationship was entered primarily for immigration status were reasonably supported by interview inconsistencies and limited mutual knowledge; under the disjunctive IRPR 4(1) test, the Court would not reweigh the evidence. Judicial review dismissed. Read more

Palestinian Nationals in Canada: Effective August 1, 2025, IRCC allows Palestinian passport holders and eligible family in Canada with temporary status to apply for fee-exempt extensions, open work permits, or study permits. Eligible applicants include those already in Canada and family of Canadians or permanent residents who left the Palestinian Territories after October 7, 2023. The policy exempts certain fees and pre-entry permit rules but maintains other admissibility requirements. It expires July 31, 2026, unless revoked earlier. Read more

PEI Welcomes U.S. Health Care Professionals: Since January 2025, PEI hired 20 U.S. professionals, including doctors, nurse practitioners, nurses, and lab technologists. This supports broader recruitment efforts like the Physician Services Agreement, allied health incentives, and streamlined licensing. Between January–July 2025, 26 new physician agreements were signed (five from the U.S.), adding to 41 hires in 2024 and 400+ full-time Health PEI positions. Read more

September 1, 2025: Study permit financial requirements increase, now necessitating proof of CAD $22,895 for one applicant (excluding tuition) and higher amounts for accompanying family members. Read more

September 3, 2025: Public consultations close on Canada’s 2026 Express Entry economic priorities. Read more

October 27, 2025: Application window closes for the special permanent residence pathway for families of PS752 victims. Read more

October 27, 2025: Temporary public policies for Sudanese nationals and family members fleeing conflict expire, ending fee waivers and special measures. Read more