Emile Jean Barakat

The applicant, a resident of Quebec, applied to sponsor her mother but lost her source of income and did not request a Quebec Selection Certificate (CSQ).

She requested her sponsorship application be refused and appealed to the Immigration Appeal Division (IAD) on humanitarian and compassionate grounds.

The IAD dismissed the appeal for want of jurisdiction, finding the failure to request a CSQ meant a valid application had not been filed under the IRPA.

The Federal Court upheld the IAD's decision as reasonable, noting that failing to complete provincial requirements renders a sponsorship application invalid for appeal purposes.

The applicant sought judicial review of an IRCC officer's decision denying her application for restoration of temporary resident status and a work permit.

The applicant's study permit expired and her subsequent application for a post-graduate work permit was refused.

She later filed an application for leave and for judicial review, arguing this suspended the 90-day limitation period to apply for restoration of status.

The Federal Court dismissed the application for judicial review, holding that the Immigration and Refugee Protection Regulations clearly require a restoration application to be made within 90 days of the loss of status, and there is no automatic suspension of this period while pursuing legal proceedings before the Court.

The officer's conclusion that the application was submitted out of time was reasonable.