Federal Court of Canada Dismisses Application for Judicial Review

Strategic Insights -

The Federal Court of Canada has issued a judgment dismissing Ali Akbar Zare's application for judicial review of a decision by an Immigration, Refugees and Citizenship Canada (IRCC) officer to refuse his extension of a work permit as an entrepreneur or self-employed individual under the International Mobility Program. The Applicant sought to extend his work permit to March 2025, but the Officer refused the application, citing that the Applicant had not shown that his business continued to meet the requirements of Immigration and Refugee Protection Regulations. The Applicant argued that the Officer failed to account for evidence that ran counter to the stated bases for the Decision, but the Court found that the Applicant had not met his onus of showing that the Decision was unreasonable.

Key Takeaways:

  • The Applicant, Ali Akbar Zare, sought to extend his work permit as an entrepreneur or self-employed individual under the International Mobility Program.
  • The Officer refused the application, citing that the Applicant had not shown that his business continued to meet the requirements of Immigration and Refugee Protection Regulations.
  • The Applicant argued that the Officer failed to account for evidence that ran counter to the stated bases for the Decision, but the Court found that the Applicant had not met his onus of showing that the Decision was unreasonable.
  • The Applicant's Business Plan, submitted as part of his initial work permit application, showed an intention to hire four full-time employees who are Canadian citizens or permanent residents, but the Applicant failed to demonstrate that he continued to meet the requirements of R205(a).
  • The Applicant submitted additional documentation with his Extension Application, including payment of expenditures, rental agreements, a business number, and agreements with third-party service providers, but this documentation did not address the "significant benefit" requirement under R205(a).
  • The Applicant argued that simply operating a viable business was sufficient to meet the requirements of R205(a), but the Court found that this alone was insufficient to satisfy the requirement that the business would provide significant benefit to others.
  • The Applicant raised a second basis for finding the Decision to be unreasonable related to the failure of the Officer to refer to evidence that showed his willingness to leave Canada by the end of his stay.

Statistics:

  • The Applicant's work permit was initially granted for a period from May 27, 2023, to March 3, 2024.
  • The Officer refused the Applicant's Extension Application on February 30, 2024.
  • The Applicant submitted his Extension Application before his Initial WP expired, seeking to extend his work permit to March 2025.
  • The Officer assessed the Applicant's documentation, including the Business Plan, but found it insufficient to demonstrate that the Applicant continued to meet the requirements of R205(a).

Sources:

  • Immigration and Refugee Protection Regulations, SOR/2002-227
  • Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65
  • Almadhoun v Canada (Citizenship and Immigration), 2024 FC 193
  • Nguyen v Canada (Citizenship and Immigration), 2025 FC 143