Najibi v. Canada (Citizenship and Immigration), 2024 FC 865 : Study Permit Refusal Set Aside Where Officer Ignored Spouse Remaining Abroad and Mischaracterized Prior Education

The Federal Court reviewed the refusal of Fahimehossadat Najibi’s study permit application. The applicant intended to pursue a two-year Master of Business Administration and travel with her two minor children. The officer was not satisfied that she would leave Canada after completing her studies, relying on allegedly weak family ties abroad and the view that her proposed program duplicated previous studies. The Court granted judicial review because both conclusions contradicted the evidence.

Key Principle

An officer assessing temporary intent must consider all immediate family members who remain outside Canada. The fact that an applicant’s children will accompany her does not reasonably establish weak family ties where her spouse and other relatives remain behind. An officer must also accurately compare the applicant’s prior education with the proposed program and cannot treat distinct degrees at the same academic level as duplicative without meaningful analysis. Professional and business ties abroad must also be considered.

Background

The applicant applied for a study permit to pursue a Master of Business Administration and intended to travel with her two minor children.

The officer found that the family’s departure weakened the applicant’s ties abroad and concluded that she lacked significant family ties outside Canada.

The officer also determined that the applicant had already completed similar studies at the same academic level because she held a previous master’s degree.

The record established that her husband and other family members would remain abroad. Her prior degree specialized in accounting, while the proposed program was a broader Master of Business Administration. She also owned and operated two restaurants.

Court Findings

• Spouse Remaining Abroad Was Ignored

The applicant’s husband was part of her immediate family and would remain outside Canada. This evidence directly contradicted the officer’s family-ties finding.

• Accompanying Children Did Not Eliminate Other Family Ties

Although travelling with her children reduced some ties, it did not justify the conclusion that she lacked significant family connections abroad.

• Prior Education Was Mischaracterized

A master’s degree in accounting was not equivalent to a Master of Business Administration merely because both were graduate-level programs.

• Proposed Studies Had a Distinct Academic Focus

The officer failed to assess the substantive differences between the applicant’s prior qualification and the proposed program.

• Professional Ties Were Overlooked

The applicant’s ownership and operation of two restaurants were relevant incentives to return and should have been considered.

Outcome

The Federal Court granted judicial review and returned the study permit application to a different officer for redetermination. No question was certified.

Case Citation:

Najibi v. Canada (Citizenship and Immigration), 2024 FC 865 (CanLII)