Immigration Update

GH Immigration Svcs

Here are some possible Immigration program employment opportunities for individuals who qualify. Click on opportunity and email for more information.

Two inconsistent Federal Court jurisprudence on the financial requirement misleads Canadian study permit applicants

There is two conflicting Federal Court jurisprudence on the financial requirement for study permits outlined in section 220 Immigration and Refugee Protection Regulations (IRPR).

In Ocran v. Canada, Justice Andrew Little stated that applicants for a Canadian study permit have to show available funds to cover the entire duration of their program of study,

while the Immigration, Refugees and Citizenship Canada’s (IRCC) Operational Instructions and Guidelines on study permits require the applicants to provide “financial sufficiency for only the

first year of studies, regardless of the duration of the course or program of studies in which they are enrolled”.

The inconsistency in section 220 IRPR can disadvantage prospective international students from the Global South who are being adversely impacted by an immigration system that has been characterized by bias, discrimination, and racism.

#Study_permit, #IRPR, #IRCC, #Federal_Court

Canada updated instructions for refusal grounds for temporary residents

On July 13, 2022, the Government of Canada published new instructions updating the text of the refusal grounds for temporary residents.

The Government updated paragraphs R179(b), R200(1)(b) and R216(1)(b) in the Global Case Management System (GCSM) to diminish client contact with the department as they did not

understand their refusal letters.

According to the new update, as of now, the Government requires an “Intro paragraph” for each of these paragraphs that must be selected in conjunction with the other specific reasons.

#GCSM, #refusal_grounds, #temporary_residents

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2022-refusals-gcms.html

The Federal Court ruled out that applicants under Express Entry do not require supporting documents for factors they are not claiming points for

Reviewing the application of a Canadian Experience Class (CEC) applicant,

the Federal Court of Canada ruled out that an applicant who intends to claim points based on level of education is required to submit an educational credential assessment (ECA),

while those who have no such intention or do not need those points can ignore the supporting documents and not submit them. If an applicant’s score is above the minimum number of points,

and she or he meets the eligibility requirements, it is unreasonable for the immigration officer to reject the application.

#Federal_Court, #ECA, #supporting_documents, #Express_Entry, #CEC

Ottawa introduced new instructions for visa officers to make a reasonable decision on immigration applications

On July 12, 2022, the Government of Canada published the decision of the Supreme Court of Canada (Minister of Immigration, Refugees and Citizenship Canada) for the lower courts to make a reasonable decision on immigration applications.

Civil servants are required by law to make decisions fairly, based on internally coherent reasoning that is both rational and logical.

The updated instructions provide visa officials with a defined method for making decisions to make sure that the choice is reasonable and correct.

#IRCC, #Supreme_Court_of_Canada, #Decisions, #Civil_cervants