Law360 Canada ( September 27, 2023, 6:08 AM EDT) -- Application by Li for judicial review of an Exclusion Order issued by the Minister of Citizenship and Immigration’s delegate (Minister’s Delegate). The applicant was a citizen of China who entered Canada on a student visa. His student visa expired, but he remained in Canada continuously since then without status. He married a Canadian permanent resident, and they had two Canadian children. A Canada spousal sponsorship application was submitted for the applicant. The applicant indicated in his interview by an inland enforcement officer that he did not work since the expiry of his student visa, and he did not apply for an extension of his status. After the interview, a report was issued recommending an Exclusion Order be issued against the applicant. The applicant also confirmed to the Minister’s Delegate that he did not apply for an extension to stay in Canada. The Minister’s Delegate found that, on a balance of probabilities, the applicant was inadmissible because a temporary resident was required to leave Canada at the end of his authorized stay. The applicant submitted that in issuing the Exclusion Order, the Minister’s Delegate failed to consider his personal circumstances....