February 2017

Tsaraosi v. Canada, 2017 FC 59

The applicant applied for a study permit which was denied because the Applicant’s plan of studies were not reasonable. In addition, he was refused because he had strong ties to Canada and because of his previous immigration history, where his family was refused refugee status in Canada.

This case concerns whether the Officer’s decision was reasonable.

The court reached the conclusion that the Officer’s decision was unreasonable, notably because the Applicant was an honour student at George Brown College when he had previously studied in Canada. The court also found no evidence to suggest his plan of study was unreasonable. In addition, the Applicant had no close ties in Canada, as all his family was reestablished in Greece.

The court therefore granted judicial review and the application was submitted to a different Visa Officer.

Shomali v. Canada, 2017 FC 1

The applicant was no longer considered as a dependent child on his father’s application for permanent residence because he took a 6 month absence from his post-secondary studies, and thus was not enrolled continuously.

This case concerns whether the Officer’s decision to no longer consider the Applicant as a dependent was reasonable.

The court ruled that the Officer’s decision was reasonable because the applicant took a 6 month leave of absence to complete his compulsory military service with the armed forces of the Islamic Republic of Iran. The applicant’s transcripts noted a 6 month “educational leave”. Thus, the court found that the applicant did not meet the requirement of being “continuously enrolled as a student”.

The application for judicial review was therefore dismissed.

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