Weekly Digest | February 15, 2026

Key Highlights:

Recent Case Law

Humanitarian and Compassionate – Begum v. Canada, 2026 FC 197: H&C application refused for an 85-year-old applicant living in Canada since 2020 with her daughter and Canadian citizen grandchildren. The officer found insufficient hardship despite establishment. The Court held the hardship analysis was not justified or transparent and failed to account for the applicant’s personal circumstances. Judicial review granted. Read more

Ontario Provincial Nominee Program – Mandamus – Luo v. Canada, 2026 FC 181: Applicant sought mandamus after an OINP PR application remained pending about 45 months, largely due to unresolved security screening. Although IRCC took late steps, including a CSIS interview shortly before the hearing, the Court found the delay excessive and inadequately explained against published benchmarks. Application allowed and mandamus ordered requiring finalization within 90 days. Read more

Humanitarian and Compassionate – Roman v. Canada, 2025 FC 1183: H&C application refused despite establishment, hardship claims, and best interests of a minor child. The applicant had lived and worked in Canada without status for over a decade; the officer gave moderate weight to establishment and found hardship and BIOC insufficient. The Court held the assessment was reasonable and reiterated that judicial review is not an opportunity to reweigh evidence absent exceptional error. Judicial review dismissed. Read more

Family Class Sponsorship – Spousal Sponsorship – Procedural Fairness – Sandhu v. Canada, 2026 FC 212: Spousal sponsorship refused under IRPR 117(9)(d) where the sponsor married before landing but failed to declare the spouse for examination. The refusal was issued before the expiry of the 30-day procedural fairness response period. The Court found the applicant was denied a full opportunity to respond, rejected inevitability arguments, and held the breach dispositive. Judicial review granted. Read more

Temporary Resident Visa – Shahriari v. Canada, 2026 FC 213: TRV refused over temporary intent concerns for a one-month visit to a childhood friend in Canada. The officer cited potential motives to remain but failed to address material evidence of strong ties to Iran, including 21 years of employment, property ownership, savings, and close family. The Court found the reasons unintelligible and unresponsive and rejected post hoc justifications on judicial review. Judicial review granted. Read more

Study Permit – Taryan v. Canada, 2026 FC 169: Study permit refused where the officer concluded the applicant already had sufficient education and questioned motivation for a four-year computing science degree. The Court found the officer ignored key evidence, including the study plan, employer promotion condition, approved leave, and strong ties to Iran. Failure to assess both push and pull factors rendered the temporary intent analysis unreasonable. Judicial review granted. Read more

Open Work Permit – Zarate v. Canada, 2026 FC 133: Open work permit refused where the applicant applied as the spouse of an international student before the spouse began full-time PGWP-eligible studies. Although an unconditional letter of acceptance was provided, the officer found no evidence of enrollment or active study at the time of decision. The Court upheld the eligibility timing interpretation and found the reasons responsive despite later changes in circumstances. Judicial review dismissed. Read more

Open Work Permits – Temporary Resident to Permanent Resident Pathway – February 13, 2026: PDIs updated to add a new “Refusals” section and clarify that family members applying before entry from outside Canada are exempt from the requirement to hold temporary resident status at the time of submission. Read more

International Experience Canada (IEC) – In-Canada Work Permit Printing – February 10, 2026: The process allowing IEC participants already in Canada, who submit a subsequent IEC application while holding a valid IEC work permit, to request examination and work permit issuance from within Canada has been extended and will remain in place until further notice. Read more

Immigration and Refugee Protection Regulations – February 11, 2026: Regulatory amendments introduced technical corrections to the IRPR, including clarifying electronic submission requirements, aligning French and English text regarding electronic communications, and rephrasing fee cap provisions to confirm that families and groups applying at the same time remain subject to maximum combined fees ($500 for family applications and $465 for performing artists and staff). The amendments came into force upon registration on January 30, 2026. Read more

February 24, 2026: Final committee report due on Bill C-12 – Strengthening Canada’s Immigration System and Borders Act following Senate second reading and committee review, after which the bill proceeds to third reading. Read more

February 28, 2026: Temporary Public Policy for Iranian nationals in Canada ends. Read more and Read more

March 31, 2026: Canada-Ukraine Authorization for Emergency Travel (CUAET) temporary public policy expires. Read more and Read more and Read more

March 31, 2026: Northwest Territories Nominee Program (NTNP) work permit eligibility extension expires under the updated program guidelines. Read more