Nadimibarforoushi v. Canada (Citizenship and Immigration), 2024 FC 986 : Study Permit Refusal Set Aside Where Officer Questioned Legitimacy of Financial Documents Without Warning

The Federal Court reviewed the refusal of Mohammadreza Nadimibarforoushi’s study permit application and his spouse’s accompanying open work permit application. The officer found that the financial evidence was insufficient, questioned the value of the proposed studies, and was concerned that the couple might remain in Canada because they intended to travel together. The Court granted judicial review because the officer made an adverse credibility finding about the applicant’s property documents without giving him an opportunity to respond.

Key Principle

An officer may refuse a study permit where an applicant fails to establish sufficient and available financial resources. However, procedural fairness is engaged where the officer goes beyond finding the evidence insufficient and questions whether financial or property documents are genuine, legitimate, or submitted merely for demonstration purposes. Before making an adverse credibility finding about the veracity of such documents, the officer must disclose the concern and provide the applicant with a meaningful opportunity to respond.

Background

The applicant had bachelor’s and master’s degrees in biological sciences and had worked at his father’s pharmaceutical laboratory since 2010, most recently as Laboratory Director.

He was accepted into a Master of Arts in Leadership, Health Care program at Trinity Western University. His spouse applied for an accompanying open work permit.

The application included evidence of savings, property, and other assets intended to demonstrate the ability to pay tuition and living expenses.

The officer stated that the property documents appeared to have been provided “for demonstration purposes only” and were not reflective of the applicant’s legitimate financial resources.

Court Findings

• Officer Went Beyond Evidentiary Insufficiency

The decision was not based solely on the absence of banking transaction history or inadequate financial documentation.

• Legitimacy of Documents Was Questioned

By suggesting that the property documents were merely for demonstration and did not reflect legitimate resources, the officer challenged their truthfulness and reliability.

• Statement Amounted to a Credibility Finding

The Court found that this language placed the veracity of the applicant’s financial evidence directly in issue.

• Opportunity to Respond Was Required

Procedural fairness required the officer to raise the credibility concern before refusing the application.

• Additional Refusal Grounds Were Not Determinative

Although the officer also questioned temporary intent and the usefulness of the program, the procedural fairness breach was sufficient to dispose of the judicial review.

• Spousal Application Was Also Affected

The accompanying open work permit refusal depended on the study permit refusal and therefore also required reconsideration.

Outcome

The Federal Court granted judicial review and returned both the study permit and accompanying spousal open work permit applications to a different officer for reconsideration. No question was certified.

Case Citation:

Nadimibarforoushi v. Canada (Citizenship and Immigration), 2024 FC 986 (CanLII)