Shang v. Canada (Minister of Citizenship and Immigration), 2021 FC 633
The applicant, Luxi Shang, sought judicial review of a Visa Officer's decision to refuse her work permit application under the Prince Edward Island Provincial Nomination Program, based on the Officer's finding that her proposed home décor business would not generate significant economic benefits for Canada.
The Federal Court allowed the application for judicial review, finding the Officer's decision unreasonable because it failed to acknowledge and explain why less or no weight was given to the PEI support letter, which was a crucial piece of evidence.
Kokou Mawlolo Kokou Mawulolo Ezou v. The Minister of Citizenship and Immigration, 2021 FC 251
The applicant, a recognized Convention refugee, sought to overturn an immigration officer's decision to refuse his permanent residence application under the Convention refugee abroad class, arguing the decision was unreasonable.
The Federal Court found the immigration officer's decision unreasonable due to a fundamental gap in the decision letter, which omitted the rationale for the refusal, thereby lacking transparency and intelligibility. The matter was remitted for redetermination by a different officer.
Demyati v. Canada (Minister of Citizenship and Immigration), 2018 FC 701
The applicant, a 19-year-old Syrian national residing in the United Arab Emirates, challenged the refusal of his study permit application for Carleton University. The immigration officer doubted his intent to leave Canada and the provenance of his funds, among other reasons.
The Federal Court granted the judicial review, remitting the matter to a different visa officer for a new determination. The Court found the decision lacked the necessary justification, transparency, and intelligibility required for reasonableness, particularly concerning the officer's assumptions about the applicant's intent to immigrate and his financial situation.
Jalota v. Canada (Minister of Citizenship and Immigration), 2013 FC 1176
The applicant, Manav Jalota, sought judicial review of a decision refusing to restore his temporary resident status as a student, with the officer citing concerns about him being a genuine student, having sufficient funds, and intentions to leave Canada.
The Federal Court granted the application for judicial review, quashing the refusal decision and referring the matter back for redetermination by a different officer. The Court found multiple breaches of procedural fairness, including relying on grounds not previously cited and failing to request missing documents.
Komolafe v. Canada (Minister of Citizenship and Immigration), 2013 FC 431
The applicant, a quarry supervisor from Nigeria with a background in geology, sought permanent residence under the Federal Skilled Worker class, but his application was refused by an immigration agent who determined he did not provide sufficient evidence of meeting the occupation's duties.
The Federal Court granted the judicial review application, setting aside the agent's decision. The Court found the officer's form letter refusal, unsupported by contemporaneous notes or sufficient reasoning, to be unreasonable and not reviewable.
Hassani v. Canada (Minister of Citizenship and Immigration), 2006 FC 1283
The applicant, Alireza Hassani, sought judicial review of a visa officer's decision refusing his application for permanent residence under the skilled worker class, primarily due to an assessment of no English language ability and personal suitability concerns.
The Federal Court allowed the application for judicial review, quashing the visa officer's decision and remitting the matter for redetermination by a new officer. The Court found the officer erred in assessing the applicant's English language abilities and personal suitability without proper testing or opportunity to respond.
