Federal Court Upholds Start-Up Visa Refusal for Lack of Genuine Intent
- Citation
- 2025 FC 1786
- Decided
- Court file
- IMM-7242-24, IMM-7288-24, IMM-7307-24, IMM-7399-24
- Full judgment
- Read the decision
Case Law Overview
Hemmati v. Canada (Citizenship and Immigration), 2025 FC 1786
Four co-founders of a tech start-up applied for permanent residence under the Start-up Business Class (SUBC). The visa officer refused their applications, concluding their primary purpose was to acquire immigration status rather than to build a genuine business, citing concerns with their website, lack of progress, and inconsistent documentation.
Court Ruling
The Federal Court dismissed the application for judicial review, finding the officer's decision was reasonable. The Court affirmed that the officer provided clear, justifiable reasons for doubting the seriousness of the business venture, and the applicants failed to alleviate those specific concerns.
Key Quote from the Court
In my view, Mr. Hemmati has not demonstrated how the Officer's Decisions were unreasonable. In the case at bar, “[i]t boils down to a disagreement with the decision made, as opposed to showing that it is unreasonable”... (at para 63)
Expert Takeaways
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Directly Address PFL Concerns Submitting a large volume of documents is not enough. Applicants must provide evidence that specifically and convincingly resolves every concern raised by the officer in a Procedural Fairness Letter (PFL), such as fixing website errors or explaining inconsistent pricing.
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Genuineness is Not a Checklist Meeting the basic eligibility criteria for the Start-Up Visa program is insufficient. The officer must be satisfied that the primary purpose is genuinely to operate the business, not to gain immigration status. The burden is on the applicant to prove this genuine intent.
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A PFL Satisfies Procedural Fairness The argument that there is no guidance on how to meet the 'primary purpose' test will likely fail if an officer has issued a PFL. The PFL itself defines the 'case to meet' by outlining the officer's specific concerns, thereby satisfying the duty of procedural fairness.
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Business Activity Must Be Credible Officers will scrutinize the credibility of your business activities. A sudden burst of activity (like numerous LinkedIn posts) only after receiving a PFL can be viewed as an attempt to remedy deficiencies for immigration purposes, rather than as genuine business development, and may be given little weight.
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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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 Start-Up Visa / Business Class rulings
Federal Court Upholds Misrepresentation Finding for Undeclared Representative
Federal Court: Digital Start-Up Visa Applicants Must Justify Early Entry to Canada
Federal Court: Vague Plans & Last-Minute Efforts Doom Quebec Investor PR Application
Federal Court: Ministerial Instructions Can Justify Start-Up Visa Processing Delays
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)