2015-01-29 | 2015 FC 113 | IMM-1261-14 Jalil v Canada (Citizenship and Immigration) Principle Established When a visa officer emphasizes a permanent residency applicant’s weak language skills in a decision, this does not necessarily mean that the officer is requiring the applicant to prove that she will be able to economically establish herself in Canada immediately upon
2015-02-06 | 2015 FC 159 | IMM-5959-14 Ma v Canada (Citizenship and Immigration) Principle Established An application is officially received by CIC only when all required documents are received. S. 10(5) of the IRPR applies to inland spousal sponsorship agreements CIC does not owe a duty of procedural fairness regarding an application that has been set aside
2015-02-12 | 2015 FC 172 | IMM-5323-13 Barua v Canada (Public Safety and Emergency Preparedness) Principle Established: A foreign national applying for a work permit with the intention of eventually becoming a permanent resident can be validly excluded from Canada if it seems likely that he will not leave Canada upon the expiration of his work permit.
2015-01-06 | 2015 FC 13 | IMM-3613-13 Ebi v Canada (Citizenship and Immigration) Principles Established A settlement between an applicant and CIC does not constitute a court ordered settlement under 87.4(2) of the IRPA. An immigration decision made by operation of law cannot be contested on grounds of procedural fairness. Facts Ebi applied for judicial review of
2015-02-04 | 2015 FC 141 | IMM-4550-13 Song v Canada (Citizenship and Immigration) Principles Established An applicant for Canadian Experience class permanent residency cannot be rejected merely because his employment experience does not match the exact wording of the required employment duties listed in the National Occupation Classification [NOC]. Such an application also cannot be rejected merely
2015-02-18 | 2015 FC 206 | IMM-446-14 Asoyan v Canada (Citizenship and Immigration) Principle Established Once an applicant indicates that she is having trouble receiving e-mails from CIC, it is CIC’s duty to ensure that the applicant receives all subsequent e-mails. Facts Asoyan applied for judicial review of CIC’s decision to reject her application for permanent residency.
2015-01-16 | 2015 FC 67 | IMM-4516-13 Ijaz v. Canada (Citizenship and Immigration) Principle Established In the context of education received in a foreign country, there is ambiguity in the IRP regulations concerning whether educational qualification points should be awarded based on equivalent years of education or equivalent completed degrees. Facts Ijaz applied for judicial review of
2015-01-29 | 2015 CF 116 | T-346-14 El-Husseini c Canada (Citoyenneté et Immigration) Principle Established Procedural fairness requires a citizenship judge to take sufficient measures to inform a citizenship applicant of any evidence-related problems with his application before a final decision is rendered. Facts El-Husseini sought judicial review of a citizenship judge’s decision to reject his citizenship
2015-02-04 | 2015 CF 142 | T-338-14 Miji c Canada (Citoyenneté et Immigration) Principle Established If a citizenship applicant satisfies s. 5(1) of the Citizenship Act under a qualitative analysis, it is a violation of procedural fairness to reject his application based on a failure to satisfy s. 5(1) under a quantitative analysis. Facts Miji sought judicial
2015-01-30 | 2015 FC 123 | IMM-4184-14 Lachica v. Canada (Citizenship and Immigration) Principle established A visa officer’s rejection of an application for a temporary resident visa will be deemed unreasonable if the officer fails to consider relevant evidence. Facts Lachica sought judicial review of a visa officer’s decision to reject her application for a temporary