A Canadian court has deemed an immigration officer’s decision as unreasonable in a case titled Khan v Canada (Citizenship and Immigration). The ruling states that considering an outstanding US residency application as a factor in determining an individual’s intention to reside in Canada is unjust.
The applicant, Khan, hailing from Bangladesh, had applied for permanent residence in Canada under the Quebec Investor Class. His wife and daughter were included as dependents in the application. However, the immigration officer expressed concerns about Khan’s intent to reside in Quebec, which is a requirement according to the Immigration and Refugee Protection Regulations (IRPR).
The officer’s skepticism stemmed from Khan’s inclusion in a 2012 US residency application submitted by his sister-in-law, which was still pending. Despite discussing these concerns with Khan, the officer remained unconvinced of his intentions and refused his application on the grounds of failing to satisfy the requirement to intend to reside in Quebec.
Khan sought a judicial review, asserting that the decision was unreasonable. The court agreed with Khan, highlighting several reasons why the officer’s ruling was flawed. Firstly, it was deemed “unintelligible” that the officer concluded that Khan’s US residency application from 2012 contradicted his current genuine intention to reside in Quebec. Logically, there is no reason why the two intentions cannot coexist, as the applicant could plan to reside in whichever country granted him residency first.
Secondly, the court emphasized that the two applications were filed five years apart, and by the time of the review, Khan’s US application had been pending for a staggering ten years. The officer failed to consider that Khan’s interests might have changed over time. In fact, during the interview, Khan explicitly stated his preference to reside in Quebec rather than the US.
Lastly, the officer’s inference that Khan’s failure to withdraw the US application implied an intention to reside in the US and not Quebec was deemed illogical and unreasonable. The court noted that Khan had no control over the application as it was submitted by his sister-in-law. During the interview, Khan clarified this fact.
This landmark case emphasizes that applicants for Canadian immigration are entitled to maintain a dual intent to reside in both Canada and the United States. Additionally, having the intent to reside in the US does not negate the intention to reside in Canada. The court’s ruling declares the officer’s decision as unreasonable, setting a precedent that future applicants should not face rejection on similar grounds.
How to immigrate from the US to Canada
For those aspiring to immigrate from the US to Canada, there are various avenues to explore. The recently announced streamlined work permit for H1-B specialty occupation visa holders allows them and their accompanying family members to apply for work permits in Canada. Furthermore, Express Entry remains a popular option for skilled workers, with the US ranking as the fourth most common place of residence for recipients of Invitations To Apply (ITA). The Global Talent Stream, Intra Company Transfer, and Start-Up Visa programs offer additional pathways for those seeking employment or entrepreneurial opportunities in Canada.
