Judicial review of a C11 work permit refusal dismissed as the officer's assessment of economic benefit was reasonable.
The Principal Applicant, an Iranian citizen, applied for a work permit under the C11 entrepreneur category to establish a machinery maintenance business in Alberta.
A visa officer refused the application, finding the Principal Applicant lacked operational management experience, raised concerns regarding his financial stability, and found the hiring plan did not demonstrate a significant economic benefit.
On judicial review, the Federal Court found the officer's decision reasonable, noting it was open to the officer to discount the Principal Applicant's experience, question his financial stability, and focus on short-term job creation.
The application for judicial review was dismissed.
Judicial review of incomplete sponsorship application granted due to lack of transparent reasoning.
The applicant sought judicial review of a decision by Immigration, Refugees and Citizenship Canada to return her family class sponsorship application as incomplete due to an allegedly incomplete resume for a dependant.
The court found that the decision to return the application was justiciable because it affected a statutory right conferred by the invitation to apply.
The court then found the decision unreasonable because it failed to provide any explanation or analysis as to how or why the resume was incomplete, lacking transparency and intelligibility.
The application for judicial review was granted and the matter remitted for redetermination.
Judicial review granted; study permit refusal unreasonable for failing to engage with evidence.
The applicant sought judicial review of a decision refusing her study permit application to pursue an MBA in Canada.
The immigration officer found she had not established she would leave Canada at the end of her stay, questioning the reasonableness of her motivation given her previous law degree and current career in her family's restaurant business.
The Federal Court held the decision was unreasonable, finding a lack of discernible logic in the officer's determination and a failure to consider evidence regarding the relevance of the MBA to her future promotion and her pull factors to Iran.
The application for judicial review was granted.
Mandamus application dismissed as no public legal duty to process start-up visa when designated entity is suspended.
The applicant sought a writ of mandamus compelling IRCC to process his permanent residence application under the Start-up visa program, which had been pending for five years.
The application was supported by a designated entity that was subsequently suspended by the Minister of Citizenship and Immigration.
The Court found the proper respondent was solely the Minister of Citizenship and Immigration.
The Court held there was no public legal duty to act because the processing of applications supported by the suspended entity was paused in accordance with the Immigration and Refugee Protection Regulations.
