- [39] The officer's entire explanation in the GCMS notes concludes with a short sentence that he is not convinced that I will leave Canada even if I successfully complete my civil engineering program. The officer's mindset is focused on one point: he does not believe I will leave Canada because I may apply for permanent residency after finishing my education. The officer believes that because I am not financially established in Dubai, and if the Canadian Embassy grants me a study permit, I will remain in Canada permanently after completing the civil engineering program. The officer's mindset is stringent in this regard.
- [40] Furthermore, the officer misconstrued the concept of dual intent. Specifically, it was unreasonable for the officer to find it problematic that the applicant would like to live in Canada on a permanent basis. It is acceptable for a study permit applicant to hold two purposes. The officer, however,
treated the applicant’s two intents as a reason for refusal.
[41] “Temporary Status / Dual Intent – IRPA s. 22(2)”: The visa officer stated above in GCMS notes that; I also note that , contrary to her statement of staying in Canada not being a priority for her , that GCMS shows that the applicant has created 13 Express Entry profiles since 2016 which shows a strong desire to acquire permanent residence in Canada.
- [42] First, it is worth recalling here that it is entirely legitimate and legal for a foreign national to have a dual intent when seeking to become a temporary resident (subsection 22(2) of the Immigration and Refugee Protection Act, SC 2001, c 27; Bteich v Canada (Citizenship and Immigration), 2019 FC 1230).
- [43] This is very important for the court and Counsel for the Respondent. I admit that I made an express entry profiles till the first month of 2018 to see how many points I could get, but I was not wanted or seriously considered applying for express entry. I was doing this on the spur of the moment because I was new in Dubai and my job had just begun, and some Canadian and British colleagues frequently advised me to go to Canada or the UK and get a permanent residency card, then return to Dubai, because having a Canadian, UK, or USA PR card or nationality is an additional advantage for huge salary packages in Dubai, which is why many people from the UK, Canada, and USA get high-paid salaries in Dubai.
- [44] But, in truth, I've had no desire to stay in Canada permanently since 2018, because my job and salary have been consistent since then. Even if I had wanted it before 2018, I would not have spent so much money at the Italian University of Master's Degree. I should have gone to a Canadian
university, but I chose Italy since I had a six-month-old child at the time and had to leave him with my mother in Pakistan while I studied in Italy. In general, if I said yes, I wanted express admission to settle in Canada, why did I not pursue IELTS, which is a major criterion for express entrance? I was admitted to a Canadian college without IELTS because I had completed three years of postgraduate studies outside of Canada.
- [45] To be completely truthful with the federal court and Counsel for the Respondent, from 2018 to the present, I had no intention of seeking for permanent residency. In 2016, the situation was different because I was only paid 3000 AED, the job was new, and the contract was just for a short time. As a result, I believe I will agree with the immigration officer that my goal for 2016 is to seek for permanent residency in Canada. However, the year is 2022 now. From 2016 to 2022, the scenario and conditions are dramatically different.
- [46] The immigration officer merely mentioned that I had established 13 express entry profiles since 2016, but did not specify when express entry profile number 13 was generated. He must absolutely tell because this is crucial for the Counsel for the Respondent, as well as the honorable Judge and the federal court. When I checked my email, I saw that the last express entry profile was generated on December 03, 2017. So the visa officer was discussing my five years and eight months early aspirations of gaining permanent residency. Now I urge that the visa officer notify the court that I have created express entry profiles for 2019, 2020, 2021, or 2022. If not, the honorable judge and the federal court should allow this application for leave and judicial review.
- [47] In terms of beliefs and mindset, as suggested by the immigration officer, I want to live in Canada as a permanent resident. According to the visa officer, I will be eligible to apply for a post-graduate work permit in addition to my student visa. If I am granted the same, the work experience earned through my post-graduate work permit (PGWP) will allow me to apply for permanent resident status under the Canadian Experience Class (CEC). Should I wish to pursue immigration programs available and apply for permanent residence in Canada in the future, this should not prevent such an application.
- [48] As you aware, an eventual permanent intention does not preclude an applicant from becoming a temporary resident, in accordance with section 22(2) of the Immigration and Refugee Protection Act (dual intent). In addition, as indicated by jurisprudence, an applicant's initial reasons for entering and remaining in Canada may change after one's arrival in Canada. Such a scenario is described in Patel v. Canada (Minister of Citizenship and Immigration). 2006 FC 224:
The current statutory and regulatory scheme does not say that a person’s initial temporary purpose must remain constant and unchanged. The only requirement is the existence of a temporary purpose.
See also:
Stanislavsky v. Canada (Minister of Citizenship and Immigration), 2003 FC 835.
