Weekly Digest | September 28, 2025

Key Highlights:

Recent Case Law

Temporary Resident Visa – Ataeinia v. Canada, 2025 FC 1572: Iranian business owner (20% stake, admin manager) applied for TRV with invitation, $220K funds, and family all abroad. IRCC refused TRV, citing expired invite, weak travel, no ties, questionable funds. Court held reasons contradicted record: invite valid, ties outside Canada, recent visas, and funds sufficient. GCMS note factually wrong. Refusal unreasonable. Judicial review granted. Read more

Home Child Care Provider Class – Chen v. Canada, 2025 FC 1588: Chinese family applied for PR under HCCPC supported by job offer from self-employed employer. IRCC requested proof of ability to pay and explanation for multiple job offers under employer’s profile. Employer provided NOAs and T4s but failed to address multiple caregivers. Applicants, advised by consultant, resubmitted same material. Officer not satisfied job offer was genuine or affordable. Decision reasonable. Judicial review dismissed. Read more

Start-Up Visa Class – Galeshi v. Canada, 2025 FC 1560: Iranian applicant’s PR under SUV refused due to spouse’s inadmissibility under IRPA ss.16(1), 41. Multiple Schedule A forms gave inconsistent accounts of spouse’s police academy studies, military exemption, and work history. Explanations shifted (military exemption vs. entrepreneurship at Kaviani Car Group) and documents conflicted. Despite repeated requests, clear information was not provided. Court held refusal transparent and justified. Judicial review dismissed. Read more

Spousal Sponsorship – Islam v. Canada, 2025 FC 1585: Sponsorship refused; officer not satisfied the marriage was genuine or that the couple cohabited. July 30, 2024 request set out extensive documents (police certificates for Kenya and Sri Lanka, RPRF, 2020–2022 tax returns, proof of residence, utilities, joint account details, insurance, dated photos). Applicant’s August 27, 2024 response showed limited financial interdependence; WhatsApp chats weak; photos undated; ID discrepancies; bills in the sponsor’s name only. Applicant alleged lack of interview and PFL. Court held there was no duty to interview and the July letter afforded notice and an opportunity to respond. Refusal reasonable. Judicial review dismissed. Read more

LMIA-Work Permit – Kumar v. Canada, 2025 FC 1566: Indian applicant with positive LMIA sought work permit as electrician (NOC 72200). Refused for doubts about ability to perform duties and temporary status in Australia. IRCC’s Aug 8, 2024 letter requested training details; applicant’s rep answered Aug 18 with full information. Officer failed to consider this response, ignoring material evidence. Court found refusal unreasonable. Judicial review allowed. Read more

Permanent Residence – Maliyekkal v. Canada, 2025 FC 1592: Express Entry PR rejected as incomplete for missing child’s birth certificate. Applicant had disclosed dependents and asked IRCC to request any missing docs. Court held IRPR s.10 requires dependent information, not birth certificates, and no regulation imposed such a document requirement. Reliance on program instructions was improper fettering. Refusal lacked justification and transparency. Judicial review granted. Read more

Temporary Resident Visa – Sharifi Kalangestani v. Canada, 2025 FC 1584: 17-year-old Iranian student sought a TRV to visit immediate family, citing his brother’s health. Refused for lack of ties outside Canada and inconsistent purpose. GCMS reasons were boilerplate, naming only absence of ties and ignoring evidence of property ownership, employment as a café/restaurant shift manager, and prior compliant travel. Court held the analysis failed to grapple with countervailing evidence and was insufficient. Decision unreasonable. Judicial review granted. Read more

British Columbia attracting more U.S. doctors and nurses – September 22, 2025: Since May 2025, U.S. health-care worker applications to B.C. have doubled to 1,400+, with 140+ already hired. Recruitment campaigns in Washington, Oregon, and California continue, with nearly 3,000 expressing interest. New measures include expedited credential recognition for U.S. nurses and streamlined licensing for U.S. doctors. Workers cite universal coverage, reproductive rights, and supportive processes as key draws. This initiative aims to reduce wait times and strengthen care across B.C. Read more

CIT 0485: Document Checklist: Adoption – Part 2 – Adoptee’s Application: Read more
CIT 0014: Document Checklist: Application for a Citizenship Certificate (Proof of Citizenship): Read more
CIT 0012: Adoptee’s Application: Read more

September 30, 2025: Public consultation on Northwest Territories Nominee Program closes. 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