Canada Immigration Caselaw, Akomolafe v. Canada, IMMIGRATION — Visitors — General — Study permit

Editorial Canada Immigration, Caselaws, Study Permit, Visitors

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IMMIGRATION — Visitors — General — Study permit — Foreign national was 37-year-old citizen of Nigeria — Foreign national was married with two children and had unsuccessfully applied for Canadian study permit three times — Foreign national had applied for third study permit to attend two year program in global business management at community college — Employer had sponsored foreign national but did not specify how much money it would contribute to foreign national or his family and details of foreign national’s personal savings were vague — Visa officer found source of foreign national’s funds unclear — Evidence indicated that foreign national had vacationed in England between 2008 and 2013, which dates did not correspond with dates foreign national indicated for study visa applications — Visa officer concluded that foreign national had not satisfied him that he would leave Canada at end of stay and refused student visa — Foreign national applied for judicial review — Application dismissed — Officer’s reasons were adequate and finding that foreign national lacked genuine intention to study in Canada was reasonable — Foreign national was mature 37-year-old adult who appeared to be well-established at his place of work as head business analyst and personal assistant to Managing Director — Foreign national planned on returning to same position following his studies with view of eventually establishing consultancy firm to advise companies on business development — Foreign national already possessed requisite analytical, organization and management skills to carry out his functions in his current position — It was therefore entirely open for officer to find that foreign national did not sufficiently articulate specific benefits to be accrued for his current position, thereby putting into question genuineness of foreign national’s intention

Akomolafe v. Canada (Minister of Citizenship and Immigration) (April 27, 2016, René LeBlanc J., Federal Court) 266 A.C.W.S. (3d) 949