Introduction

Are you eager to explore recent developments in immigration law? We are thrilled to present a remarkable court decision that sets a precedent for study permit and open work permit applications. In the case of Mahsa Ghasemi and Peyman Sadeghi Tohidi v Minister of Citizenship and Immigration, the Federal Court ruled in favor of the applicants, granting their applications for study permit and open work permit, respectively. Join us as we delve into the details of this groundbreaking judgment and understand the factors that led to this significant outcome.

Background

In the recent court case of Mahsa Ghasemi and Peyman Sadeghi Tohidi v Minister of Citizenship and Immigration, the Federal Court addressed the study permit and open work permit applications of the applicants. Mahsa Ghasemi, a citizen of Iran, applied for a study permit to pursue an English as a Second Language program followed by a degree in Business Administration at Langara College in Vancouver, British Columbia. Her husband, Peyman Sadeghi Tohidi, also a citizen of Iran and a manager in their family business, sought an open work permit to join his wife in Canada. Let’s explore the key details of their applications and the subsequent decisions by the Minister of Citizenship and Immigration.

The Study Permit Application

Mahsa Ghasemi’s study permit application was based on her intention to pursue a one-year English as a Second Language program, followed by a two-year degree in Business Administration. Her goal was to contribute to her husband’s family business, Koosha Karan Saba Services Company. She submitted a comprehensive application, including supporting documents such as travel documents, passports, proof of funds, affidavits, work documentation, business information, and resumes. However, the Officer reviewing her application denied the study permit, citing concerns about her ties to Canada and Iran, the purpose of her visit, and her financial status.

The Open Work Permit Application

Peyman Sadeghi Tohidi’s open work permit application was directly linked to his wife’s study permit application. He intended to join his wife in Canada and submitted his application based on the Labour Market Impact Assessment (LMIA) exemption code C42. This code allows spouses of full-time students to work in Canada without an LMIA. However, since his wife’s study permit application was denied, his open work permit application was also refused by the Officer.

The Court Decision

The applicants, Mahsa Ghasemi and Peyman Sadeghi Tohidi, sought judicial review of the decisions made by the Officer, challenging the refusal of

their study permit and open work permit applications. After carefully considering the submissions and evidence presented by both parties, the Federal Court rendered its judgment in favor of the applicants. The Court determined that the Officer’s decisions were unreasonable and that the applicants’ procedural fairness rights were not upheld. Consequently, the Court allowed both applications for judicial review, remitting the matters to a different officer for re-determination.

Key Factors in the Court’s Decision

During the court proceedings, several key factors influenced the judgment in favor of the applicants. Here are the noteworthy considerations made by the Court:

1. Procedural Fairness: The Court determined that the Officer did not breach the applicants’ rights to procedural fairness. Although there were concerns about the origin of funds in the bank account and the political and economic conditions in Iran, the Court concluded that the Officer did not disbelieve the applicants and did not fetter their discretion in making the decisions.
2. Unreasonableness of Study Permit Decision: The Court found that the Officer’s decision to refuse the study permit application was unreasonable. The Officer failed to provide clear and intelligible reasons for their concerns regarding the origin of funds and the applicant’s study plan. Additionally, the Officer’s references to political and economic considerations in Iran were not adequately supported by the evidence.
3. Tied Decision: Since the open work permit application was linked to the study permit application, the Court determined that the refusal of the study permit rendered the refusal of the open work permit unreasonable. The Officer did not undertake a proper analysis of the open work permit application, and the reasons for refusal were unclear.

Conclusion

The court decision in the case of Mahsa Ghasemi and Peyman Sadeghi Tohidi v Minister of Citizenship and Immigration marks a significant milestone in immigration law. The Federal Court ruled in favor of the applicants, granting their study permit and open work permit applications. The judgment highlighted the importance of upholding procedural fairness and providing clear, intelligible reasons for decision-making. This case serves as a reminder that thorough assessment and proper consideration of applicants’ individual circumstances are vital in achieving just and reasonable outcomes.

Learn more about our court cases through our blogs and through Samin Mortazavi’s page!