Federal Court: Start-Up Visa Intention Must Be Backed by Concrete Evidence
- Citation
- 2026 FC 369
- Decided
- Court file
- IMM-467-25
- Full judgment
- Read the decision
Case Law Overview
Rezaie v. Canada (Citizenship and Immigration), 2026 FC 369
Four applicants from Iran sought judicial review of a refusal of their permanent residence application under the Start-Up Business Class (SUBC). The officer was not satisfied that an essential part of the business operations would be conducted in Canada or that the applicants intended to actively manage it from within Canada.
Court Ruling
The Federal Court dismissed the application, finding the officer's decision to be reasonable. The Court affirmed that while the law allows for an 'intention' to establish a business, applicants must provide credible evidence of concrete steps taken, which was lacking in this case.
Key Quote from the Court
I find the Officer reasonably concluded that the Applicants' explanation undermined their claim that essential business activities would occur in Canada. The Applicants did little to demonstrate that the core operational activities contemplated in the business plan would occur in Canada, and the Officer's reasons were justified.
Expert Takeaways
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Intention Requires Tangible Proof The SUBC program's 'intention' clause is not a loophole. Applicants must substantiate their future plans with concrete, documented evidence of steps already taken to establish business operations in Canada.
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The Burden of Proof is Absolute The onus is always on the applicant to provide a complete and convincing case. When an officer issues a Procedural Fairness Letter (PFL), the response must directly address the concerns with new, substantive evidence, not just restate previous intentions.
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Past Actions Predict Future Intent An officer can legitimately assess the credibility of your future intentions by examining your past actions. A lack of meaningful progress while in Canada on a work permit can undermine your claim that you intend to establish the business later.
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Show, Don't Just Tell Submitting screenshots of meetings or one-way communications is insufficient. The evidence must demonstrate progress, such as signed agreements, negotiated deals, or collaborative projects with Canadian partners.
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
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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)