Weekly Digest | May 24, 2026

Key Highlights:

Recent Case Law

Study Permit – Aghajari v. Canada, 2026 FC 661: Study permit refused for an MBA program after the officer was not satisfied the applicant had shown why the program would benefit her, given her current career, employer letter, and conditional admission requiring prerequisite courses. The Court found the officer reasonably considered the study plan and claimed promotion, and that the lack of evidence addressing the LOA conditions was sufficient to uphold the refusal. Judicial review dismissed. Read more

LMIA-Work Permit – Zavala v. Canada, 2026 FC 660: LMIA-based work permit refused after the officer found the applicants’ five years of unauthorized stay and work in the U.S. raised concerns that they would not leave Canada at the end of their authorized stay. The Court found the officer reasonably considered the applicants’ explanation for remaining in the U.S., their claimed ties to Mexico, and their dual intent argument, but held that their non-compliance with U.S. immigration laws was a significant indicator that they may not comply with Canadian immigration laws. Judicial review dismissed. Read more

Canadian Experience Class – Nanda v. Canada, 2026 FC 649: PR refused after the officer found the applicant’s foreign work experience did not match the declared NOC 13100 in her Express Entry profile, reducing her CRS score below the invitation threshold. The Court found the applicant was responsible for selecting the correct NOC, the officer was not required to assess NOC 13110 raised only on reconsideration, and no procedural fairness letter was required. Judicial review dismissed. Read more

Spousal Sponsorship – Mandamus – Alnuaimi v. Canada, 2026 FC 647: Mandamus sought after an overseas spousal sponsorship application remained undecided for nearly seven years, with the applicant separated from his Canadian spouse and children and no further requests from IRCC for approximately six years. The Court found the Minister relied on generic security screening references without case-specific evidence, ordered IRCC to process the application within 90 days, and awarded $2,000 in costs. Mandamus granted. Read more

Visitor Extension – Misrepresentation – Domingcil v. Canada, 2026 FC 648: Exclusion order issued after the applicant applied to extend visitor status without disclosing that he had secured a job offer, positive LMIA, and intended to apply for a work permit. The Court found the job offer was a material change in circumstances, the later work permit application did not correct the earlier omission, and the misrepresentation finding was reasonable. Judicial review dismissed. Read more

Humanitarian and Compassionate – Kaur v. Canada, 2026 FC 644: H&C application refused despite the applicant’s 12 years in Canada, work as a health care aide, remittances for a child’s education, and evidence of gender-based discrimination in India. The Court found the officer unreasonably discounted the applicant’s establishment as ordinary for someone in Canada for a long time and failed to explain how the H&C factors were weighed cumulatively. Judicial review granted. Read more

Temporary Resident Permit – Work Permit – Reyes Garcia v. Canada, 2026 FC 642: TRP and work permit refused after the applicant did not provide biometrics, with the dispute turning on whether counsel received the biometric instruction letter. The Court found the refusal was reasonable on the officer’s record because the letter was emailed to the correct address, but procedurally unfair because the applicant’s representative gave uncontested evidence that the letter was not received and IRCC did not provide evidence of delivery, no bounce-back, or read receipt. Judicial review granted. Read more

Loss of Status – May 15, 2026: IRCC updated its Loss of Status processing instructions, reorganized PR card and PR status guidance under separate “Loss of status” headings, added minor updates, and replaced ENF 23 with the new PDI. Read more

Study Permits – Final Decisions – May 20, 2026: IRCC updated officer instructions on determining study permit validity periods, adding guidance for individuals exempt under R52(2) from needing a passport or travel document valid for the full authorized stay. Read more

Unaccompanied Minors – Refugee Claim Ineligibility Exemption – May 20, 2026: IRCC introduced a temporary public policy exempting unaccompanied minors in Canada from the new one-year and 14-day refugee claim ineligibility rules, allowing eligible claims to be referred to the RPD despite paragraphs 101(1)(b.1) and 101(1)(b.2) of the IRPA. Read more

Client Experience Survey – Representation and Advice – May 19, 2026: IRCC is emailing 300,000 randomly selected clients who received decisions in 2025 to complete an anonymous survey on immigration and citizenship representation or advice by June 12, 2026, with results used to improve IRCC programs and services. Read more

IMM 5484: Document Checklist: Temporary Resident Visa (Visitor Visa) outside of Canada: Read more

June 22, 2026: Deadline to submit an Expression of Interest profile for consideration in the next Northwest Territories Nominee Program Employer-Driven Stream draw. Read more

June 25, 2026: Northwest Territories is scheduled to hold an Employer-Driven Stream EOI draw. Read more

June 25, 2026: Quebec’s current intake cap period for certain Family Sponsorship undertaking applications remains in effect until this date. Read more

June 30, 2026: The end of IRCC’s Start-Up Visa intake at the Centralized Intake Office, while existing applications continue to be processed and no new Federal Self-Employed Persons Class applications are accepted. Read more