Khan v. Canada (Citizenship and Immigration), 2025 FC 1742 : Officer Reasonably Refused Start-Up Visa Work Permit Where Urgency Was Not Supported by the Evidence

The Federal Court reviewed IRCC’s refusal of Sabina Aziz Khan’s work permit under the Start-Up Visa (SUV) program. Ms. Khan, a Pakistani citizen and Chief Marketing Officer of Ekoh2 Technologies Inc., sought early entry to Canada to begin establishing her start-up while her SUV application was under consideration. The Court dismissed the judicial review, finding that the officer reasonably assessed the record and considered the evidence provided.

Key Principle

The Federal Court reaffirmed that work permit decisions are reviewable on a reasonableness standard. A decision is reasonable if it is justified, transparent, and intelligible, and appropriately addresses the relevant factual and legal constraints. Courts will not infer obligations beyond what the record and law require.

Background

Ms. Khan applied for permanent residence under the SUV program on February 28, 2024, supported by a commitment certificate from a Designated Entity (York Angel Investors Inc.) and requested a work permit to enter Canada early. IRCC refused the work permit on June 12, 2024, citing insufficient evidence of urgency for her presence in Canada prior to the SUV decision.

The applicant argued that the officer failed to consider the urgency indicated in the commitment certificate and her need to perform managerial and marketing duties immediately.

Court Findings

• Officer Considered the Record

The Court reviewed the record, including the commitment certificate, and found that the officer had considered the relevant evidence. The officer was not obliged to accept generalized assertions about start-up operations or marketing presence without evidentiary support.

• No Evidence of Urgency

The Court found no evidence demonstrating that the start-up required Ms. Khan’s immediate presence in Canada. Assertions about marketing duties and co-founder responsibilities, without supporting documents, were insufficient to show urgency.

• Reasonableness Standard Met

Justice Brouwer held that the officer’s decision was transparent and intelligible, providing a rational connection between the evidence and the conclusion. The applicant failed to demonstrate any reviewable error.

• No Procedural or Evidentiary Issue

The Court rejected the argument that the officer should have inferred the operational needs of a start-up. Judicial review does not allow the Court to create factual support or supply missing evidence.

Outcome

The Federal Court dismissed the application for judicial review. The refusal of the work permit under the Start-Up Visa program was reasonable. No question of general importance was certified.

Case Citation:

Khan v. Canada (Citizenship and Immigration), 2025 FC 1742 (CanLII)