Weekly Digest | January 11, 2026

Key Highlights:

Recent Case Law

Humanitarian & Compassionate – Adeko v. Canada, 2026 FC 14: IRCC refused a second H&C application by a Nigerian mother and two children, assigning modest weight to establishment and BIOC due to a prior manifestly unfounded refugee claim involving fraud. The officer considered pandemic-era health care work, community ties, children’s adaptability, medical evidence, and Nigerian country conditions, but reasonably found these factors did not outweigh credibility concerns. Judicial review dismissed. Read more

Study Permit – Akbar v. Canada, 2025 FC 1476: The applicant’s study permit was refused on redetermination after an earlier consent remittal. The Court held the officer disregarded the applicant’s evidence and submissions and that two unreasonable refusals caused prejudice, particularly given intervening policy changes. The refusal was set aside and remitted to a different officer under the regulatory framework in force at the time of the original application. Judicial review granted. Read more

Mandamus – Temporary Resident Permit – A.B. v. Canada, 2025 FC 1973: Afghan applicants sought mandamus compelling issuance of TRPs based on “Facilitation Letters” circulated during the 2021 evacuations, many issued by third parties after IRCC had declared them invalid. The Court held the letters were not visas, conferred no legal rights, and could not ground Crown prerogative authority outside IRPA. No clear public legal duty to issue TRPs was established. Application dismissed. Read more

Common Law Sponsorship – Abdelgalil Abdalla v. Canada, 2025 FC 1649: IRCC refused to recognize the applicant as a common-law partner where he remained legally married to two spouses and failed to prove physical separation and one year of conjugal cohabitation before cohabiting with the sponsor. The Court upheld the officer’s reliance on documentary gaps, inconsistent timelines, and credibility concerns under the IRPR definition of common-law partner. Judicial review dismissed. Read more

Temporary Resident Visa – Sadeghi v. Canada, 2025 FC 1608: A visitor visa was refused for insufficient funds and an unclear temporary purpose. The Court found the officer failed to address key evidence that the applicant’s brother would fully fund accommodation and expenses, undermining transparency and justification on a central refusal ground under IRPR s.179(b). The unexplained finding on temporary purpose compounded the defect. Judicial review granted. Read more

Work Permit – Dorrazaei v. Canada, 2026 FC 3: A BC PNP–nominated EMR applicant was refused an LMIA-exempt work permit due to weak family ties, limited financial establishment in the UAE, and doubts about job performance. The Court held the officer erred by ignoring evidence confirming provincial licensing and employer validation of qualifications, but found the remaining findings independently supported refusal under IRPR s.200(1)(b). The error was not determinative. Judicial review dismissed. Read more

Temporary Measures for Eligible Indigenous Persons – January 9, 2026: IRCC updated instructions to facilitate issuance of temporary resident documents to eligible Indigenous persons and family members, addressing cross-border mobility and right-to-remain concerns at the Canada–U.S. border. Read more

Interim Measure for Citizenship – First-Generation Limit – January 9, 2026: IRCC updated interim instructions to expand coverage to certain proof of citizenship and adoption applications impacted by the first-generation limit to citizenship by descent, following the Minister’s March 13, 2025 statement. Read more

Temporary Resident Program – January 8, 2026: IRCC restructured the Temporary Resident PDIs, adding new headings for multi-line processing areas and transferring related content from the Temporary Resident Visa section. Read more

Temporary Resident Application Fees – January 8, 2026: IRCC updated instructions to reflect revised temporary resident application fees, including extensions of status and study permits, and repealed outdated fee collection guidance dating to 2014. Read more

Economic Mobility Pathways Pilot Ended – January 7, 2026: IRCC confirmed the EMPP concluded on December 31, 2025, with only complete applications accepted on or before that date continuing to be processed. Read more

Manitoba – International Student Allocation Cuts – January 9, 2026: Manitoba reported a 40 per cent reduction in federal international student allocations, decreasing from 18,591 in 2025 to 11,196 in 2026, resulting in significant enrolment declines and financial strain for public universities and colleges, with the province citing lack of federal consultation and ongoing impacts on institutional planning, revenue stability, and program delivery. Read more

Ontario Immigrant Nominee Program – Employer Job Offer: Foreign Worker (Self-Employed Physicians) – January 5, 2026: Ontario expanded eligibility for self-employed physicians by allowing additional provisional CPSO licence classes under the Employer Job Offer: Foreign Worker stream, aligning with Medicine Act amendments effective January 1, 2026, while removing postgraduate licences due to OHIP billing ineligibility. Read more