The Federal
Court reviewed the refusal of Mohammadamin Ghorbani Kelidbari’s study permit
application to complete Grade 10 at a private high school in Vancouver. The
officer concluded that the proposed studies were not reasonable, that the
applicant had not provided an adequate study plan, and that his family ties did
not support temporary intent. The Court found several central factual errors
that undermined confidence that the officer had meaningfully considered the
application.
Key
Principle
A study permit decision is unreasonable where the officer’s reasons
rest on material factual errors demonstrating that central evidence may not
have been meaningfully considered. An officer must assess a minor applicant
according to their actual circumstances, including parental dependence,
educational objectives, and genuine family ties, rather than relying on
generalized observations more appropriate to an independent adult applicant.
Background
The
applicant was 16 years old and sought to complete Grade 10 in Vancouver. His
immigration consultant submitted a letter explaining the perceived advantages
of Canadian secondary education, including educational quality, technology,
university preparation, and future employment opportunities. His parents had
already paid approximately $20,000 in school fees and stated that an additional
$44,500 was available for living and related expenses.
Court
Findings
• Officer
Incorrectly Found There Was No Explanation Letter
The GCMS
notes stated that there was “No Explanation letter to review” and that no study
plan clarified how the Canadian program would benefit the applicant. However,
the application contained a letter from the immigration consultant specifically
explaining why the family wanted the applicant to complete high school in
Canada.
•
Educational Rationale May Not Have Been Considered
The
consultant explained that the family viewed Canadian secondary education as
offering higher quality instruction, better technology and resources, stronger
university preparation, and advantages unavailable through local schooling. The
Court found it unclear whether the officer had actually read or considered
these reasons before concluding that the proposed studies lacked sufficient
benefit.
• Officer
Failed to Account for Applicant’s Age and Dependency
The officer
described the applicant as “single, mobile, not well established and has no
dependents.” The Court found this characterization concerning because the
applicant was a 16-year-old high school student who remained financially and
otherwise dependent on his parents. The reasoning suggested that the officer
may have assessed him as though he were an independent adult applicant.
•
Family-Ties Finding Was Factually Incorrect
The refusal
letter relied on the applicant’s family ties in Canada and abroad when
assessing whether he would leave at the end of his authorized stay. In fact,
the applicant had no family members in Canada. This factual error directly
undermined one of the officer’s stated reasons for questioning temporary
intent.
• Central
Errors Undermined Confidence in the Decision
The Court
accepted that applicants bear the burden of establishing eligibility and that
officers need not discuss every piece of evidence. However, the combination of
incorrectly stating that no explanation letter existed, relying on nonexistent
Canadian family ties, and apparently misunderstanding the applicant’s
dependency raised serious doubt that the officer was alert and sensitive to the
actual application before them.
Outcome
The Federal
Court granted judicial review, set aside the study permit refusal, and remitted
the application to a different visa officer for redetermination. No question
was certified.
Case
Citation:
Kelidbari v. Canada (Citizenship and Immigration), 2023 FC 366 (CanLII)
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





