Ruling rejects Iranian citizen’s argument on his preselection in Ontario Immigrant Nominee Program
Canada’s Federal Court has found a visa officer’s decision reasonable and sufficient to deny a temporary resident visa (TRV) sought by an Iranian citizen who wanted to travel to Ontario for research on the costs associated with starting a business.
In Mohammadalizadehsamani v. Canada (Citizenship and Immigration), 2026 FC 84, the applicant lived in Tehran with his spouse and three children. He was managing director and a shareholder of a transportation company.
To travel to Ontario, the applicant applied for a TRV under s. 179(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227, which allows the issuance of a TRV to a foreign national after an examination establishing that the foreign national will leave Canada at the end of the period authorized for the stay.
In February 2023, an officer rejected the applicant’s TRV application.
In March 2023, the applicant again applied for a TRV. He described his travel purpose as touristic and exploratory. Specifically, he alleged that he wanted to:
- Identify possible business opportunities
- Research the target markets
- Look into Canada’s quality of life and cost of living
- Visit potential neighbourhoods for resettlement
- Sightsee
In April 2023, a visa officer at Immigration, Refugees, and Citizenship Canada refused the second TRV application upon determining that the applicant failed to meet the requirements for a TRV or establish that he would leave Canada upon his authorized stay’s conclusion.
The applicant requested a judicial review based on the allegedly unreasonable decision. He argued that the officer failed to consider his financial documents and cumulative financial status, which showed enough assets and funds to support the trip.
The applicant also claimed that the officer provided unintelligible reasons to find that his travel purpose was inconsistent with a temporary stay.
The applicant also alleged that his TRV application responded to his preselection in the Ontario Immigrant Nominee Program’s entrepreneur stream, as shown in a document included in his application record.
Decision found reasonable
The Federal Court dismissed the judicial review application. The court found no fatal flaw or serious shortcoming to render the visa officer’s decision unreasonable.
The court ruled that the officer’s brief reasons conveyed a rational chain of analysis, supported by the facts and the law. The court determined that the officer reasonably found that the applicant failed to:
- Provide the transaction history and source of funds stated in his banking information, as required
- Establish that he had enough finances to support his stated travel purpose
The court noted that the officer found the applicant’s financial situation insufficient based on the lack of a transaction history.
Regarding the applicant’s assertion that he received an invitation to apply for a TRV after his preselection in the Ontario Immigrant Nominee Program, the court saw no further evidence about this program. The court added that the preselection would not have overridden the requirements in the relevant TRV policies and regulations.
Lastly, the court saw no need to address the applicant’s argument that the officer provided unintelligible reasons to determine that his visit would be inconsistent with a temporary stay, given that the officer offered two reasons to refuse the TRV.
