In D’Almeida v. Canada (Citizenship and Immigration),
2019 FC 308, the Federal Court reviewed the refusal of a study permit
application by a 36-year-old applicant who wished to pursue a two-year
journalism diploma at Seneca College.
The visa officer was not satisfied that the applicant’s
primary purpose in Canada was to study or that she would leave Canada at the
end of her authorized stay. The Court upheld the refusal, finding that the
officer reasonably assessed the applicant’s proposed career change, immigration
status in the United Arab Emirates, family ties, and limited evidence
supporting her stated interest in journalism.
Key Principle
A study permit applicant bears the burden of providing
sufficient evidence to explain the reasonableness of the proposed studies,
particularly where the program represents a significant departure from the
applicant’s previous education and employment.
An officer may assess whether the proposed studies make
sense in light of the applicant’s background, career history, future plans, and
ability to return to their country of residence.
Further, a finding that the evidence is insufficient is not the same as an adverse credibility finding and does not generally
require a procedural fairness letter or interview.
Background
The applicant was a citizen of South Africa and Zimbabwe and
had been living in the UAE, where she worked for Emirates Airline as a cabin
crew supervisor.
She applied to study journalism at Seneca College. Her
previous career had primarily involved administrative work and almost eight
years with Emirates. She explained that extensive travel had inspired her
interest in storytelling and human rights issues and that journalism was her
calling.
However, the officer noted that the applicant had not
produced articles, blogs, vlogs, publications, or other objective evidence
demonstrating an established interest in journalism. The officer also
considered that studying in Canada would require her to leave her employment
and could result in the loss of her UAE residency status.
Court Findings
The Federal Court upheld the officer’s assessment of the
proposed career change.
The applicant argued that her acceptance by Seneca College
demonstrated that the journalism program was appropriate. The Court rejected
this argument, noting that a college determines whether an applicant qualifies
academically for admission, while the visa officer has the separate
responsibility of determining whether the applicant satisfies Canadian
immigration requirements.
The Court found it reasonable for the officer to expect a
more persuasive explanation for a substantial career change at age 35. The
applicant’s study permit materials contained little objective evidence
demonstrating a sustained interest in journalism beyond her own statements. The
more detailed explanation later provided in her judicial review affidavit could
not cure the original application because that evidence had not been before the
officer.
The officer was also entitled to consider that the applicant
could lose her UAE residency and employment by leaving to study in Canada. That
circumstance weakened her ability to demonstrate a clear destination to which
she would return after completing her studies.
Her extensive history of compliant international travel did
not overcome this concern because her previous travel occurred while she had
secure employment and status in the UAE.
Finally, the Court found no procedural fairness breach. The
officer’s concerns reflected insufficient evidence, not disbelief,
document authenticity concerns, or adverse credibility findings. The officer
was therefore not required to invite the applicant to provide further
information or attend an interview.
Outcome
The Federal Court dismissed the application for judicial
review, finding that the study permit refusal was reasonable and that the
process was procedurally fair.
Case
Citation:
D’Almeida v. Canada (Citizenship and Immigration), 2019 FC 308 CanLII
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





