Case Law Library : October 2023

August 21, 2026

October - 2023
Sr. no.	Case Name	Topic	Decision
1	Kaur v. Canada (Citizenship and Immigration), 2023 FC 1454	Study permit misrepresentation — fraudulent college acceptance letter submitted by a consultant; innocent-misrepresentation exception not established.	Unsuccessful
2	Ran v. Canada (Citizenship and Immigration), 2023 FC 1447	Study permit mandamus — unexplained processing delay of more than 15 months warranted completion within 30 days.	Successful
3	Momeni v. Canada (Citizenship and Immigration), 2023 FC 1436	Study permit and spousal work permit — officer did not explain why the proposed program was not a reasonable progression of studies.	Successful
4	Kabuya v. Canada (Citizenship and Immigration), 2023 FC 1404	Study permit — refusal for insufficient funds was unintelligible because it relied on documents from a nonexistent “host.”	Successful
5	Jamali v. Canada (Citizenship and Immigration), 2023 FC 1328	C11 entrepreneur work permit — refusal based on the business plan, significant benefit, and temporary intent was reasonable and procedurally fair.	Unsuccessful
6	Sedghi v. Canada (Citizenship and Immigration), 2023 FC 1601	C11 entrepreneur work permit — officer failed to justify concerns about finances, premises, and the proposed business’s significant benefit.	Successful
7	Godday v. Canada (Citizenship and Immigration), 2023 FC 1360	H&C application — officer overlooked key evidence of de facto statelessness and inability to return to Côte d’Ivoire.	Successful
8	Elkuja v. Canada (Citizenship and Immigration), 2023 FC 1344	H&C application — refusal based on establishment, children’s interests, and conditions in Libya was reasonable.	Unsuccessful
9	Farooq v. Canada (Citizenship and Immigration), 2023 FC 1391	H&C application — hardship analysis was unreasonably narrowed to whether paid support could be hired in Pakistan.	Successful
10	Dennis v. Canada (Citizenship and Immigration), 2023 FC 1383	H&C application — best-interests evidence and submissions, return hardship, and establishment were not meaningfully assessed.	Successful
11	Kalaba v. Canada (Citizenship and Immigration), 2023 FC 1390	H&C application — criminal history was weighed against remorse and rehabilitation without a transparent analysis.	Successful
12	Sharma v. Canada (Citizenship and Immigration), 2023 FC 1396	H&C application — officer failed to engage with the parents’ grief and need for support from their daughter in Canada.	Successful
13	Farhat v. Canada (Citizenship and Immigration), 2023 FC 1427	H&C application — establishment, hardship, and the best interests of a caregiving grandchild were unreasonably assessed.	Successful
14	Nyembo v. Canada (Citizenship and Immigration), 2023 FC 1336	Family-class permanent residence — officer failed to assess whether the applicant’s adopted child qualified through the spouse’s adoption.	Successful
15	James v. Canada (Citizenship and Immigration), 2023 FC 1425	Family-class permanent residence — stepdaughter was not a dependent child and had submitted fraudulent education documents.	Unsuccessful
16	James v. Canada (Citizenship and Immigration), 2023 FC 1430	Family-class permanent residence — stepson’s date-of-birth misrepresentation and resulting dependent-child ineligibility were reasonably found.	Unsuccessful
17	Zeine v. Canada (Citizenship and Immigration), 2023 FC 1370	Sponsored permanent residence — serious-criminality equivalency analysis was unreasonable and the request for H&C relief was not addressed.	Successful
18	Ghalibaf v. Canada (Citizenship and Immigration), 2023 FC 1408	Express Entry permanent residence mandamus — four-and-a-half-year security-screening delay was unreasonable and unexplained.	Successful
19	Nimrani v. Canada (Citizenship and Immigration), 2023 FC 1448	Grandparent Super Visa — refusal ignored favourable establishment and travel-history evidence and relied on unexplained factors.	Successful
20	Nader v. Canada (Citizenship and Immigration), 2023 FC 1444	Temporary resident visa — inadmissibility finding arising from prison service was reasonable; alternate TRP request returned for assessment.	Unsuccessful
21	Javid v. Canada (Citizenship and Immigration), 2023 FC 1440	Quebec Business Class permanent residence mandamus — 38-month delay was reasonably explained by program inventories and processing priorities.	Unsuccessful
22	Patel v. Canada (Citizenship and Immigration), 2023 FC 1394	Spousal open work permit — misrepresentation finding did not reasonably address the timing and disclosure of the applicant’s marriage.	Successful
23	Shareef v. Canada (Citizenship and Immigration), 2023 FC 1376	Spousal open work permit — officer failed to address the central dispute over disclosure of prior United States visa refusals.	Successful
24	Saini v. Canada (Citizenship and Immigration), 2023 FC 1437	Citizenship security interview — challenge concerning counsel and disclosure was premature because the impugned decision was interlocutory.	Unsuccessful
25	Hemond v. Canada (Citizenship and Immigration), 2023 FC 1432	Immigration detention review — intervention granted on the issue of whether the applicant could be compelled to testify in a moot judicial review.	Successful
26	Tarasevich v. Canada (Citizenship and Immigration), 2023 FC 1400	Spousal sponsorship — serious-criminality inadmissibility finding lacked a reasoned foreign-offence equivalency analysis.	Successful
27	Ou v. Canada (Citizenship and Immigration), 2023 FC 1397	Organized criminality inadmissibility — membership in an organization engaged in large-scale fraud was reasonably established.	Unsuccessful