
Canadian Immigration Law
Weekly Digest | August 30, 2026
Key Highlights:
- Mandamus – Start-Up Visa – Jin v. Canada, 2026 FC 1080
- Humanitarian and Compassionate – Kaur v. Canada, 2026 FC 1089
- Mandamus – Study Permit – Samiei v. Canada, 2026 FC 1090
- LMIA Work Permit – Varasteh Nobari v. Canada, 2026 FC 1092
- Humanitarian and Compassionate – Begum v. Canada, 2026 FC 1035
- Temporary Resident Permit – Kaur v. Canada, 2026 FC 1095
- Hong Kong Permanent Residence Pathways
- Officer Decision Notes with Refusal Letters
- Study Permit: Proof of Funds
- Spouses or Common-Law Partners of Study Permit Holders: C42 Work Permits
- Atlantic Immigration Program: C18 Work Permits
- Super Visa
- Humanitarian and Compassionate Grounds
- In-Canada Measures for Foreign Nationals Affected by the Crisis in Palestine
- Ebola Temporary Border Measures
- British Columbia PNP Statistical Report and Year in Review 2025
- Updated Forms and Checklists
- Latest Draws
- Important Upcoming Dates
Recent Case Law
- Mandamus – Start-Up Visa – Jin v. Canada, 2026 FC 1080: Applicant filed for PR under the Start-Up Visa Program in February 2022 and met eligibility requirements in January 2024, but his security screening remained pending. His application was later deprioritized under 2024 and 2025 Ministerial Instructions and placed on hold after the designated entity was suspended. The Court found the Ministerial Instructions provided a satisfactory justification for the delay and there was no public duty to process the application during the entity’s suspension. Mandamus dismissed. Read more
- Humanitarian and Compassionate – Kaur v. Canada, 2026 FC 1089: Applicant was a 74-year-old widow from India who sought H&C relief based on her circumstances and dependency on her only son and his family in Canada. The officer mischaracterized the purpose of H&C relief, incorrectly found the applicant was independent and self-sufficient in Canada, and relied on undisclosed country-condition evidence about support for seniors in India. The cumulative errors rendered the decision unreasonable. Judicial review granted; redetermination by a different officer. Read more
- Mandamus – Study Permit – Samiei v. Canada, 2026 FC 1090: Applicant sought mandamus after his study permit application remained pending for about 15 months. He provided no evidence of the applicable IRCC processing standard, while IRCC had requested military records and the application remained under security screening. The Court found the applicant had not established unreasonable delay and, in any event, the military-record inquiry provided a reasonable explanation for at least part of the delay. Mandamus dismissed. Read more
- LMIA Work Permit – Varasteh Nobari v. Canada, 2026 FC 1092: Applicant sought a work permit as a construction labourer supported by a positive LMIA. The LMIA expressly required verbal and written English proficiency, but the applicant provided no evidence of his English ability. The Court found it reasonable for the officer to conclude that he had not demonstrated that he met the LMIA’s language requirement; that finding alone was sufficient to refuse the work permit. Judicial review dismissed. Read more
- Humanitarian and Compassionate – Begum v. Canada, 2026 FC 1035: Applicant was a 75-year-old widow from Bangladesh living with her only son in Canada under a super visa. Her H&C application relied on establishment, the best interests of her grandchildren and hardship in Bangladesh, but the supporting record consisted largely of a letter from her son and contained little evidence of establishment, her relationship with her grandchildren or country conditions. The Court found the officer reasonably assessed the limited evidentiary record and the applicant had not established that the decision was unreasonable. Judicial review dismissed. Read more
- Temporary Resident Permit – Kaur v. Canada, 2026 FC 1095: Applicant became ineligible for a PGWP after failing to maintain full-time student status and later sought a TRP and open work permit to obtain Canadian work experience. The officer found she could return to India to regularize her status and reapply for a work permit, and had not shown that doing so would cause difficulty. The Court found it reasonable to conclude that she had not demonstrated a compelling reason to remain in Canada on a TRP where other viable options remained available. Judicial review dismissed. Read more
IRCC News Updates
- Hong Kong Permanent Residence Pathways – August 28, 2026: IRCC confirmed that the permanent residence pathways for eligible Hong Kong nationals will close to new applications on August 31, 2026. Applications received by that date will continue to be processed. The related open work permit public policy remains in effect until May 2029. Read more
- Officer Decision Notes with Refusal Letters – August 27, 2026: IRCC now provides officer decision notes with refusal letters for most temporary resident and permanent resident applications, excluding certain categories such as eTAs, TRPs, and H&C applications. For judicial reviews, applicants should still indicate that reasons were not received so the Federal Court can request the complete Rule 9 reasons and determine whether information was withheld. Read more
- Study Permit – Proof of Funds – August 28, 2026: IRCC updated the minimum living-expense funds required for study permit applications submitted on or after September 1, 2026. Outside Quebec, a single applicant must show at least $23,448 for first-year living expenses, excluding tuition and transportation, with higher amounts based on family size. Read more
- Spouses or Common-Law Partners of Study Permit Holders – C42 Work Permits – August 24, 2026: IRCC updated its C42 open work permit instructions to clarify eligibility for spouses or common-law partners of participants in the Francophone Minority Communities Student Pilot and added links to the related FMCSP guidance. Read more
- Atlantic Immigration Program – C18 Work Permits – August 25, 2026: IRCC updated its C18 work permit instructions to clarify renewals, update acceptable proof that a permanent residence application has been submitted, remove outdated AIPP references, and provide further guidance for officer review. Read more
- Super Visa – August 25, 2026: IRCC updated its super visa instructions following new Ministerial Instructions, introducing two options to help hosts and applicants meet the Minimum Necessary Income requirement and updating eligibility and assessment guidance. The changes apply to all super visa applications processed on or after March 31, 2026, regardless of submission date. Read more
- Humanitarian and Compassionate Grounds – August 27, 2026: IRCC updated several H&C instructions and introduced new guidance on initial assessment and referral procedures. Standalone instructions on the balance between discretion and consistency, the applicant’s onus, and the threshold of proof were deleted. Read more
- In-Canada Measures for Foreign Nationals Affected by the Crisis in Palestine – August 24, 2026: IRCC introduced two temporary public policies providing in-Canada measures for eligible foreign nationals of Palestine arriving as temporary residents on or before September 30, 2027, and open work permit renewals for individuals facilitated under previous Palestine-related public policies. The measures are in effect from August 1, 2026 to December 30, 2027. Read more
Public Health Agency of Canada
- Ebola Temporary Border Measures – August 28, 2026: Canada extended temporary Ebola-related border measures until September 28, 2026. Foreign nationals who visited the Democratic Republic of the Congo within the previous 21 days remain prohibited from entering Canada, while immigration documents remain suspended for residents of the Democratic Republic of the Congo, Uganda, and South Sudan. IRCC will continue processing affected applications but will not finalize them while the measures remain in place. Read more
Provincial Government News
- British Columbia PNP Statistical Report and Year in Review 2025 – August 26, 2026: BC PNP released its 2025 Statistical Report and Year in Review, covering nominations issued, occupations, salaries, countries of origin, regional distribution, strategic priorities, and program performance. Read more
Updated Forms and Checklists
- CIT 0001: Application for a Citizenship Certificate: Read more
- CIT 0555: How to calculate physical presence in Canada for a Canadian parent: Read more
Latest Draws

Important Upcoming Dates
- September 1, 2026: Deadline to respond to IRCC’s public consultations on proposed Express Entry economic priorities and categories for 2027. Read more
- September 1, 2026: Nova Scotia Nominee Program application fees take effect: $1,000 for worker streams and $2,000 for the Entrepreneur stream. Read more
- September 14, 2026: Deadline to respond to the public consultation on proposed amendments to immigration detention regulations concerning gender-based violence. Read more
- September 17, 2026: Deadline for feedback on Prince Edward Island’s proposed temporary foreign worker protection regulations. Read more
- September 22, 2026: Deadline to submit an Expression of Interest profile for the final Northwest Territories Employer-Driven Stream draw of 2026. Read more
- September 25, 2026: Final scheduled Northwest Territories Employer-Driven Stream Expression of Interest draw for 2026. Read more
- September 25, 2026: Scheduled Northwest Territories Employer-Driven Stream Expression of Interest draw. Read more
- October 7, 2026: Extended registration deadline for British Columbia’s Temporary Rural/Remote Health Support Initiative. Read more
- October 27, 2026: Expiry of IRCC’s temporary measures for individuals affected by the conflict in Sudan. Read more Sudan Nationals Public Policy: Read more Sudan Family Members Public Policy: Read more
- October 31, 2026: Closing date for Quebec’s temporary reopening of the Quebec Experience Program for eligible Quebec graduates and temporary foreign workers. Read more


