H&C Refusal Upheld, TRP Remitted: Federal Court Clarifies Expectations
- Citation
- 2025 FC 1172
- Decided
- Court file
- IMM-9753-24
- Full judgment
- Read the decision
Case Law Overview
Seyed Hossein Alavi Tabari et al. v. Minister of Immigration and Citizenship, 2025 FC 1172
The Applicants, Iranian citizens with Canadian citizen daughters and grandchildren, sought permanent residence on humanitarian and compassionate grounds, which was refused by an immigration officer. They challenged the refusal and the officer's failure to address their alternative request for a Temporary Resident Permit (TRP).
Court Ruling
The Federal Court upheld the reasonableness of the H&C refusal, finding the officer adequately considered the applicants' circumstances. However, the Court granted the application in part, remitting the TRP request back to the Minister for consideration by a different officer, citing a breach of procedural fairness.
Key Quote from the Court
The jurisprudence from this Court is clear that where a party requests alternative relief of a TRP with an application, this request must be responded to. (at para 54)
Expert Takeaways
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H&C Applications are Discretionary The Federal Court reaffirms that H&C relief is reserved for exceptional cases. Applicants bear the burden of demonstrating sufficient H&C factors, and the Court will not reweigh evidence assessed by an immigration officer unless a reviewable error is shown.
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Procedural Fairness is Paramount for ALL Requests Crucially, even if an H&C application is refused, all alternative requests, such as a Temporary Resident Permit (TRP), must be addressed by the decision-maker. Failure to do so constitutes a breach of procedural fairness and can lead to a successful judicial review, even if the primary refusal is upheld.
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Documenting Establishment and Hardship Applicants must provide clear and compelling evidence of establishment in Canada, the unsuitability of remote communication tools for maintaining relationships, and the specific hardships they would face if returned to their home country. Generic assertions or insufficient evidence will not sway the officer or the Court.
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Open-Source Information and Notice Immigration officers can rely on publicly available, open-source information (e.g., articles on health care systems) without providing prior notice to applicants. Applicants are expected to put their 'best foot forward' and anticipate that such information may be considered.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
Check my deadlineDoes this ruling apply to your situation?
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That combination is worth a proper look. It does not mean you have a case - only a lawyer reading your actual documents can say that - but it does mean the question is worth asking before your filing window closes.
Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Humanitarian & Compassionate (H&C) Grounds rulings
Court Upholds Deportation for Serious Criminality Despite H&C Claims
Federal Court: Minister Cannot Unilaterally Withdraw Evidence From Court Record
Federal Court: 'Better Life in Canada' Not Grounds for H&C Approval
Federal Court: Assertions Are Not Evidence in H&C Applications
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)