Aghamahdi v. Canada (Citizenship and Immigration), 2025 FC 1641 : Open Work Permit Refusal Set Aside Due to Unreasonable Assessment of Family Ties

The Federal Court reviewed IRCC’s refusal of an open work permit application submitted by Maryam Aghamahdi to accompany her spouse, a study permit holder in Canada. The refusal was based on a finding that the applicant did not have significant family ties outside Canada and that her stay was not consistent with a temporary visit. The Court granted judicial review, finding that the officer unreasonably failed to consider the applicant’s immediate family in Iran.

Visa officers must engage with evidence directly contradicting a central conclusion. While officers are not required to mention every piece of evidence, a refusal is unreasonable if significant evidence is ignored or dismissed without explanation. Courts may not supplement reasons with arguments not stated by the officer.

Background

The applicant, a citizen of Iran, applied for an open work permit to join her spouse in Canada. She has two children and six siblings residing in Iran. The refusal letter, dated March 26, 2024, stated that the officer was not satisfied that she would leave Canada at the end of her stay because she lacked significant family ties outside Canada and the purpose of her visit was inconsistent with a temporary stay.

The applicant argued that her immediate family in Iran constituted substantial ties and that the officer unreasonably ignored this evidence.

Court Findings

• Failure to Engage with Material Evidence

The Court held that it was unreasonable for the officer to conclude the applicant had insufficient family ties without acknowledging her children and siblings residing in Iran. Evidence demonstrating strong ties contrary to the officer’s conclusion must be considered and addressed.

• Court Cannot Supplement Officer’s Reasons

The Respondent argued that the applicant’s ties to her husband in Canada outweighed her ties in Iran. The Court rejected this reasoning, noting that such arguments were not provided by the officer and cannot be used to justify the decision post hoc.

• Other Grounds Unnecessary

Given the unreasonable assessment of family ties, the Court found it unnecessary to consider other grounds raised by the applicant.

Outcome

The Federal Court granted the application for judicial review and remitted the matter to a different decision-maker to reconsider the open work permit application in light of the applicant’s family ties. No question was certified.

Case Citation:

Aghamahdi v. Canada (Citizenship and Immigration), 2025 FC 1641 (CanLII)