Canadian Immigration Law

Weekly Digest | September 7, 2025

Key Highlights:

1. Recent Judicial Reviews
2. DNA Testing
3. Northwest Territories Nominee Program Allocation Increased
4. Public Consultation on Northwest Territories Nominee Program
5. Manitoba Employer Program Update
6. Updated Forms and Checklists
7. Latest Express Entry and PNP Draws
8. Important Upcoming Dates

Recent Case Law

• Parents and Grandparents Program – Adnan v. Canada, 2025 FC 1462: Sponsorship returned as incomplete (missing family information and death certificate). Court held return under IRPA s.87.3 is a “return without processing,” not a reviewable refusal; IRPR ss.10-12 require incomplete applications be returned. Judicial review dismissed. Read more

• Work Permit – Ahmed v. Canada, 2025 FC 1449: Refused as officer found applicant “would not be able to perform the work sought,” citing lack of English and experience. Court held experience not required with bachelor’s in accounting; unreasonable finding may have affected intent-to-leave analysis. Judicial review granted. Read more

• Family Class – Dependent Child – Cabral v. Canada, 2025 FC 1427: Application excluded under IRPR 117(9)(d) as father failed to declare child when becoming PR. Officer found “insufficient grounds to overcome the exclusion.” Court held officer failed to engage with evidence on best interests of the child and family instability. Lifetime bar heightened duty of justification. Judicial review granted. Read more

• Work Permit – Gutic v. Canada, 2025 FC 1440: Refused under IRPR 200(3)(a) as officer not satisfied applicant met English requirement; no IELTS or proof of ability. Submissions from counsel were not evidence; employer’s assurances not binding. Court found no serious shortcomings, Choi distinguished. Judicial review dismissed. Read more

• Parents and Grandparents Program – Kaur v. Canada, 2025 FC 1451: Sponsorship refused as officer found MNI not met, counting separated spouse for 2019–2021. Officer bound to IRPR and had little discretion; no H&C jurisdiction. Court found reasons intelligible, outcome within acceptable range. Judicial review dismissed. Read more

• Work Permit & Misrepresentation – Lam v. Canada, 2025 FC 1447: Open work permit refused and five-year bar under IRPA s. 40(1)(a) after interview; applicant could not answer high-level questions on MBA research and basic business concepts. Court found no breach of procedural fairness and held the misrepresentation finding reasonable. Judicial review dismissed. Read more

• Work Permit – Sebastian v. Canada, 2025 FC 1468: Reconsideration refused; officer cited modest salary, limited liquid funds, and weak financial ties. Applicant argued funds/assets sufficient and family ties in India overlooked. Court found officer focused reasonably on finances; no fatal flaw in omission on family ties. Judicial review dismissed. Read more

• Study Permit – Simarouk v. Canada, 2025 FC 1444: Refusal based on insufficient funds, lack of temporary intent, and weak ties. Applicant argued breach of fairness and contradictions. Court held no duty to issue fairness letter where evidence insufficient; reasons, though brief, were intelligible and justified. Judicial review dismissed. Read more

• Temporary Resident Permit & Work Permit – Singh v. Canada, 2025 FC 1463: Applicant overstayed after studies and sought TRP with work permit. Officer refused, finding TRP not justified since status could be regularized from India and no hardship shown. Court held officer reasonably addressed immigration history and central issues. Judicial review dismissed. Read more

IRCC News Updates

• DNA Testing: On September 5, 2025, IRCC released fully restructured DNA testing instructions, now separated for citizenship and immigration processes. Updates include procedures for receiving and recording results in GCMS, virtual witnessing at select IOM offices, steps for positive/negative outcomes or client withdrawal, and a new standardized officer letter to ensure consistency. Read more

Provincial Government News

• Northwest Territories Nominee Program Allocation Increased: On September 2, 2025, IRCC raised the NTNP’s 2025 allocation by 47 nominees (total 197). While still below 2024 levels, the Government of the Northwest Territories welcomed the increase following sustained advocacy. The additional spaces will be directed to eligible applicants from the second 2025 intake who were not previously selected. Read more

• Public Consultation on Northwest Territories Nominee Program: The Government of the Northwest Territories is seeking feedback on the NTNP to guide updates for 2026 and beyond. Input can be provided online until September 30, 2025. Read more

• Manitoba Employer Program Update: On September 2, 2025, Manitoba reopened applications for the renamed Employer Direct Initiative with updated criteria and launched the Temporary Resident Retention Pilot to help employers retain eligible temporary residents currently employed in the province. Read more

Updated Forms and Checklists

• IMM 0167: Sponsorship Agreement Holder (SAH) Organizational Assessment: Read more

Latest Draws

Important Upcoming Dates

• 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