Canada Immigration Case law Canada, Rehman, v IMMIGRATION — Judicial review — General
Judgement for this Case: Click here!
IMMIGRATION — Judicial review — General — Applicant was citizen of Pakistan — Applicant entered Canada on study permit and attended college — Applicant studied both full-time and part-time — Applicant was not eligible to graduate because he failed one course — Applicant enrolled at different institutions and was granted diploma — Applicant’s study permit expired in March 2014 and he no longer had temporary resident status in Canada — In July 2014, applicant applied for post-graduate work permit and restoration of temporary resident status — Immigration officer refused permit on basis that applicant did not hold valid study permit at time of application and had not continuously studied full-time in Canada as required — Applicant applied for judicial review — Application dismissed — Considering evidence before officer and applicable law, there was no basis for overturning officer’s decision — Decision was responsive to evidence and outcome was defensible based on facts and law — Applicant did not meet requirements to qualify for post-graduate work permit at time of his application — Applicant did not have valid study permit, as it had expired — Applicant was enrolled in part-time and not full-time studies — It was reasonable for officer to conclude that requirement of full-time studies applied to whole duration of applicant’s program — Officer’s decision was reasonable
