Docket: IMM-2261-25
Citation: 2025 FC 881
Edmonton, Alberta, May 13, 2025
PRESENT: Mr. Justice Sébastien Grammond
|
BETWEEN: |
|
CHIKA BLESSING UGOEKE |
|
Applicant |
|
and |
|
THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
|
Respondent |
JUDGMENT AND REASONS
(Simplified Procedure – Study Permit Pilot Project)
[1] Mr. Ugoeke, a citizen of Nigeria, is seeking judicial review of the refusal of a permit to study for a Bachelor’s degree in computing or information technology at the University of Manitoba. A visa officer refused his application because he failed to bring evidence of sufficient financial resources.
[2] This case was dealt with in writing, on consent of the parties, as part of the Court’s Study Permit Pilot project. I am granting leave. I am also granting the application. My reasons follow.
[3] On judicial review, the Court’s role is not to reweigh the evidence nor to craft reasons that the officer failed to provide. Rather, the Court’s role is to decide whether the officer’s decision was reasonable in light of the record. Officers are not required to provide lengthy or detailed reasons, as long as the Court can understand why the decision was made.
[4] The main reason the officer gave for the finding of insufficient resources is that the maturity date of two investment certificates intended to cover his expenses was in the future and that the funds would therefore not be available. This is clearly wrong. Mr. Ugoeke applied for a study permit in November 2024. In the application form, he stated that he intended to begin the program in May 2025. The fact that the investment certificates matured in December 2024 and March 2025 was therefore not an issue. Contrary to the Respondent’s submissions, the letter of acceptance from the University of Manitoba clearly indicated three potential start dates, one of which was in May 2025.
[5] I am unable to say whether the outcome of the application would have been the same had the officer not made this error. Hence, the decision is unreasonable and must be sent back for redetermination.
JUDGMENT in IMM-2261-25
THIS COURT’S JUDGMENT is that:
1. Leave to bring the application for judicial review is granted.
2. The application for judicial review is granted.
3. The decision denying the applicant a study permit is quashed.
4. The matter is remitted to a different officer for reconsideration.
5. There is no question of general importance for certification.
"Sébastien Grammond"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
|
Docket: |
IMM-2261-25 |
|
STYLE OF CAUSE: |
CHIKA BLESSING UGOEKE v THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
|
Submissions on Study Permit Perfected Leave application considered at EDMONTON, ALBERTA pursuant to section 72 of the immigration and refugee protection act |
|
|
JUDGMENT AND REASONS: |
GRAMMOND J. |
|
DATED: |
May 13, 2025 |
WRITTEN REPRESENTATIONS BY:
|
Sarbjit Singh Farmaha |
For The Applicant |
|
Andrea Mauti |
For The Respondent |
SOLICITORS OF RECORD:
|
Beyond Borders Law Professional Corporation Mississauga, Ontario |
For The Applicant |
|
Attorney General of Canada Ottawa, Ontario |
For The Respondent |