TRV Refusal Upheld: Applicant Fails to Prove Intent to Leave Canada
- Citation
- 2025 FC 1301
- Decided
- Court file
- IMM-11607-24
- Full judgment
- Read the decision
Case Law Overview
MD Saidur Rahman v. Minister of Citizenship and Immigration, 2025 FC 1301
The Applicant, a citizen of Bangladesh, sought judicial review of a decision refusing his temporary resident visa (TRV) application because the officer was not satisfied he would leave Canada at the end of his stay.
Court Ruling
The Federal Court dismissed the judicial review application, finding the officer's decision reasonable given the applicant's insufficient evidence regarding the source of funds and the lack of procedural fairness issues.
Key Quote from the Court
The onus is on the Applicant to provide sufficient and clear information to support the Visa request, there is no obligation on the Visa Officer to give the Applicant the benefit of the doubt (Chhetri v Canada (Citizenship and Immigration), 2011 FC 872 at para 9). (at para 8)
Expert Takeaways
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Clear Financial Documentation is Paramount Applicants must provide clear and verifiable evidence of their funds, including the source and origin of large deposits. Unexplained financial transactions can lead to refusal.
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Burden of Proof Rests on Applicant The onus is always on the applicant to satisfy the visa officer of their intent to leave Canada and their ability to support themselves. Officers are not obligated to 'give the benefit of the doubt'.
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Limited Procedural Fairness in Visa Context The level of procedural fairness owed in visa applications is low. Officers are not generally required to give applicants an opportunity to respond to concerns about their evidence.
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Consistency is Key for Travel Intent Applicants must demonstrate that their proposed visit duration and purpose are consistent with a temporary stay. Any inconsistencies can lead to skepticism about their intent to depart.
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.
Facing an immigration refusal?
Talk to a Federal Court lawyer about challenging the decision through judicial review.
No obligation - we review your documents and tell you if a Federal Court application is realistic.
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 Temporary Resident Visa (TRV) / Visitor Visa rulings
ARC Refusal Overturned: Officer Failed to Consider Applicant's Establishment Evidence
Court Rules Vague Fraud Allegations Violate Procedural Fairness
Federal Court Overturns Visitor Visa Refusal for Ignoring Evidence
IRCC Reopened Your File? Your Judicial Review May Be Dismissed as Moot
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)