3 total
Judicial review allowed; officer's study permit refusal unintelligible and based on factual errors.
The applicant, an 18-year-old from Iran, applied for judicial review of an immigration officer's decision refusing her entry to Canada on a study permit.
The officer concluded they were not satisfied the applicant would leave Canada at the end of her stay.
The Federal Court allowed the application for judicial review, finding the officer's decision unintelligible, unjustified, and based on irrelevant considerations and a clear factual error regarding the applicant having family in Canada.
The matter was remitted to a different officer for redetermination.
Study permit refusal overturned because officer reasoning on motivation and cost was unintelligible.
The applicant sought judicial review of a visa officer's decision refusing a study permit for a project management program.
The officer concluded the applicant would not leave Canada and questioned the reasonableness of the proposed studies, citing local options, varied educational goals, and high tuition costs compared to potential benefits.
The Federal Court found the decision unreasonable.
The officer failed to intelligibly explain why the applicant's motivations were insufficient, misapprehended evidence regarding previous applications and the ability to pay tuition, and erroneously assessed the value of education for the applicant.
The application for judicial review was allowed and the matter remitted for redetermination.
Judicial review dismissed; visa officer reasonably concluded truck driver's IELTS reading score was insufficient.
The applicant sought judicial review of a visa officer's decision denying his work permit as a long haul truck driver.
The officer found the applicant's IELTS reading score of 5.0 was insufficient to safely perform job duties such as reading road signs and understanding safety procedures.
The Federal Court found the officer's assessment of the language scores using the British Council comparators provided by the applicant himself was reasonable.
The application for judicial review was dismissed.
