VISITORS AND TEMPORARY RESIDENTS - Temporary entry - Students - Discretion to grant visa

Law360 Canada (January 13, 2023, 6:26 AM EST) -- Application by Zeinali for judicial review of Immigration Officer’s decision refusing his study permit application. Keivan Zeinali was a 32-year-old citizen of Iran. He was accepted into a Master’s of Business Administration (MBA) program at Trinity Western University (TWU), British Columbia, but an Immigration Officer (Officer) refused his application for a study permit to enter Canada. The Officer was not satisfied Zeinali would leave Canada at the end of his authorized stay. Zeinali submitted the Officer’s decision was both unreasonable and procedurally unfair. According to Zeinali, the decision contained numerous “badges of unreasonableness” that demonstrated it should be set aside. He stated there was no connection between his study permit application and the reasons for refusing it, raising a suspicion that the Officer did not review his application appropriately. Also, the Officer failed to properly assess his purpose of studying in Canada and disregarded material evidence about his financial situation, his strong ties to Iran, and the strong employment prospects in Iran after he graduated. Zeinali contended the Officer's concerns were not based on deficiencies in the evidence as his application was complete. Zeinali stated the decision was procedurally unfair because he was not given an opportunity to respond to these concerns....
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