Court Upholds High Bar for TRPs After PGWP Ineligibility
- Citation
- 2026 FC 1095
- Decided
- Court file
- IMM-5153-25
- Full judgment
- Read the decision
Case Law Overview
Jasmeet Kaur v. Canada (Minister of Citizenship and Immigration), 2026 FC 1095
The applicant, a former international student, became ineligible for a Post-Graduate Work Permit (PGWP) after failing to maintain full-time student status. She applied for a Temporary Resident Permit (TRP) to gain work experience, but an officer refused, finding she hadn't proven she would face hardship by returning to her home country to apply for a work permit.
Court Ruling
The Federal Court dismissed the application for judicial review, finding the officer's decision was reasonable. The Court affirmed that a TRP requires demonstrating a 'compelling reason' to remain in Canada, which the applicant failed to do, especially since other options, like applying from abroad, were available.
Key Quote from the Court
since the applicant had not demonstrated that she did not have other viable options for obtaining Canadian work experience, she had not demonstrated a compelling reason to be allowed to remain in Canada on a TRP in order to obtain that experience.
Expert Takeaways
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TRPs Are an Exceptional Remedy, Not a Backup Plan This case highlights that a Temporary Resident Permit is not a routine solution for overcoming ineligibility for other programs like the PGWP. Applicants must demonstrate 'compelling reasons' that justify their presence in Canada, which goes beyond a simple desire for work experience.
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The Burden of Proof is on the Applicant The Court confirmed the onus is on the applicant to provide evidence of why they must remain in Canada. If you argue that returning home to re-apply would cause difficulty, you must submit concrete proof of that hardship; a simple assertion is not enough.
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Officers Must Consider Viable Alternatives The officer's analysis, upheld by the Court, focused on whether the applicant could achieve her goal (getting a work permit) through regular channels, such as applying from her home country. If viable alternatives exist, the justification for a TRP is significantly weakened.
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Maintain Your Status Prevention is Key
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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 Temporary Resident Permit (TRP) rulings
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
Court: Applicant's Duty to Update Application After a Refusal is Crucial
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)