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Ihenyen v. Canada (Citizenship and Immigration)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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administrative-lawcanadacanadiancase-lawdiscretion
canada, canadian, case law, court opinion, canlii, fct, 2026fc1143, 2026 fc 1143 (canlii), 2026, fc, 1143, (canlii), imm-24575-24, 2026, citizenship and immigration, permanent residence, temporary resident to permanent resident pathway, international graduates category, refusal for not meeting selection criterion “f”, valid temporary resident status required when application received and when approved, work permit expired, no other temporary status at decision, application for judicial review dismissed, administrative law, reasonableness review, public policy selection criteria, whether criterion “f” required valid temporary resident status when application is approved, “reasons first” approach, transparency and intelligibility, policy language and guide 5069 relied on, interpretation found clear and mandatory, application dismissed, administrative law, discretion, fettering, whether officer had to request updated documents about status, whether officer could waive criterion “f”, no obligation to seek updated documents where no valid status existed, criterion “f” mandatory, no discretion to ignore or waive, fettering argument rejected, application dismissed, administrative law, scope of decision, supplemental policy, whether officer had to consider supplemental policy without an application under it, request for reconsideration under supplemental policy not the decision under review, supplemental policy rationale concerned being outside canada, not lack of status, argument rejected, application dismissed, administrative law, procedural fairness, legitimate expectations, whether applicant did not know the case to be met due to alleged contradiction between criteria “f” and “g”, whether ircc made clear, unambiguous, unqualified procedural representations, internal ircc documents not representations to applicant, no breach of fairness found, application dismissed
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