Court: Applicant's Duty to Update Application After a Refusal is Crucial
- Citation
- 2025 FC 1709
- Decided
- Court file
- IMM-9857-24
- Full judgment
- Read the decision
Case Law Overview
Lasisi v. Canada (Citizenship and Immigration), 2025 FC 1709
The applicant, who was inadmissible, applied for a Temporary Resident Permit (TRP) to bridge the processing time of his Humanitarian and Compassionate (H&C) application. An officer refused the TRP after the underlying H&C application had already been refused.
Court Ruling
The Federal Court dismissed the application for judicial review, finding the officer's decision reasonable. The Court emphasized that the responsibility was on the applicant to update their TRP application after the material circumstances changed (i.e., the H&C refusal).
Key Quote from the Court
Mr. Lasisi did not provide further submissions explaining why a TRP would still be necessary or any challenge to the most recent H & C refusal. ... As Mr. Lasisi “knew the case to meet and had a full and fair chance to respond” ... there is no basis to find a procedural fairness breach.
Expert Takeaways
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Proactively Update Your Applications If you have a 'bridging' application (like a TRP pending an H&C) and the primary application is refused, the onus is on you to update the secondary application immediately. You must explain why it should still be approved.
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Don't Assume IRCC Will Request Updates The Court found no procedural fairness breach in the officer not sending a letter to ask for updates. The applicant was aware of the H&C refusal and had a 'full and fair chance' to provide new information on his own initiative.
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Clearly Define the Purpose of Your Application The applicant's TRP was explicitly tied to the processing of his H&C. When the H&C was refused, the TRP's original purpose became moot. Ensure your applications can stand on their own merit or are updated if their linked purpose fails.
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Address Previous Refusals The Court noted that the applicant's TRP submission did not address a history of previous refusals on H&C, rehabilitation, and prior TRP applications. Failing to address a negative immigration history weakens your case.
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.
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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 Temporary Resident Permit (TRP) rulings
Court Upholds High Bar for TRPs After PGWP Ineligibility
Court Upholds TRP Refusal, Citing History of Non-Compliance Over H&C Claims
Court Upholds TRP Refusal for Intercountry Adoption, Citing Safeguards
Federal Court: Afghan "Facilitation Letters" Are Not Visas, Crown Power Limited
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)