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A five-year ban from Canada. A study permit refused over a bank deposit that landed at the wrong time. A protection claim denied without the officer ever asking the one question that mattered. These aren't hypotheticals — they're real Federal Court decisions from 2026.
In this episode of Border Banter, immigration lawyers Sonia Sidhu and Emre Esensoy from Green & Spiegel walk through four recent Federal Court cases and break down exactly what went wrong, what the court said, and what it means for your application.
The cases:
Vasilev v Canada, 2026 FC 716 — A Russian couple applied for a TRV to visit their son. IRCC flagged their bank statement as fraudulent and issued a misrepresentation finding under s. 40(1)(a) — a five-year ban. The problem? The procedural fairness letter never told them what the actual concern was.
Azadi v Canada, 2026 FC 760 — An Iranian student applied for a study permit to finish Grade 12 in person at a school he'd already been attending virtually. $85,000 appeared in the account right after IRCC asked for proof of funds. The refusal was upheld.
Benson v Canada, 2026 FC 839 — A Nigerian man's PRRA was refused without an oral hearing. The officer called his evidence vague — but never determined whether he was actually gay, or whether that would put him at risk in Nigeria.
Wahab v Canada, 2026 FC 694 — An Afghan refugee sponsorship application was returned as incomplete. The Temporary Public Policy he was applying under had already hit capacity four days before he submitted. What you'll learn:
- What a procedural fairness letter actually has to tell you
- Why misrepresentation findings trigger a higher duty of fairness
- How proof-of-funds deposits get scrutinized on study permit applications
- When an oral hearing is required in a PRRA
- Why "the gist" of a concern isn't always enough
- What happens when you apply to a program that's already closed
- Why officers who "show their work" usually survive judicial review
If your application was refused and you're trying to figure out whether you have grounds, book a consultation through the link in the description.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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