Weekly Immigration Briefing

Dates Covered: January 26–31, 2026

Canada’s immigration landscape continues to evolve rapidly as courts scrutinize decision-making quality, IRCC adjusts public policies for conflict-affected nationals, and enforcement data reveals the scale of border integrity efforts. This week’s developments highlight a clear trend: decision-makers are being held to higher standards of reasoning, while federal authorities balance humanitarian commitments with system sustainability and enforcement priorities.

Recent Judicial Reviews: Courts Push Back on Weak Reasoning

Several Federal Court decisions released in late January 2026 reinforce the judiciary’s growing intolerance for immigration decisions that fail to properly engage with evidence.

In Temporary Resident Visa – Fazlalizadeh v. Canada (2026 FC 142), a TRV refusal was set aside after the Minister conceded the decision was unreasonable. This was the third redetermination following earlier settlements. While the Court rejected claims of bias or discrimination and declined to award costs, it ordered an expedited reconsideration, signaling frustration with repeated flawed assessments.

Humanitarian and Compassionate (H&C) decisions were also closely examined. In Singh v. Canada (2026 FC 123), the Court found that the officer minimized establishment and family ties, misunderstood key evidence about the applicants’ residence history in Canada and Greece, drew illogical health inferences, and discounted hardship and country-conditions evidence without justification. The Court concluded the analysis was not responsive to the record and therefore unreasonable.

Similarly, in Hayles v. Canada (2026 FC 119), an H&C refusal was overturned because the officer failed to address a minor child’s learning disability, did not conduct a global assessment of risk factors, and provided an unclear “best interests of the child” (BIOC) analysis. The Court described the reasons as unintelligible and insufficiently responsive.

TRV refusals also faced scrutiny in Zhang v. Canada (2026 FC 124), where an officer cited insufficient funds and lack of temporary intent but failed to meaningfully engage with contradictory evidence. The Court set aside the decision and ordered reconsideration by a different officer.

Not all applicants succeeded. In Citizenship – Canada v. Yaghi (2026 FC 112), the Minister challenged a citizenship grant over alleged inconsistencies in physical presence evidence. The Court deferred to the Citizenship Judge’s credibility findings and upheld the decision, emphasizing judicial restraint where fact-finding is reasonable.

IRCC Policy Updates: Humanitarian Adjustments and Cost Controls

Immigration, Refugees and Citizenship Canada announced several notable updates this week.

On January 28, 2026, IRCC updated its Ukraine Program Delivery Instructions (PDIs), removing outdated measures and consolidating guidance under post-CUAET instructions. This reflects a shift from emergency responses toward longer-term processing frameworks for Ukrainian nationals.

On January 30, 2026, IRCC revised instructions for the Family-Based Permanent Residence Pathway for Sudan, clarifying that the updated public policy applies only to applications received on or after February 25, 2025. The pathway continues to support certain foreign nationals affected by the Sudan conflict who have family in Canada, but the clarification underscores the importance of timing and eligibility cut-offs.

A more controversial change involves the Interim Federal Health Program (IFHP). Effective May 1, 2026, beneficiaries will face co-payments of $4 per prescription and 30% of the cost for other eligible supplemental benefits such as dental care, vision services, counselling, and assistive devices. Basic physician and hospital services remain fully covered. IRCC framed the change as a measure to manage demand and maintain long-term sustainability, though advocates warn it may create access barriers for vulnerable populations.

CBSA Enforcement and Border Integrity in 2025

Canada Border Services Agency released its Immigration Enforcement and Border Integrity 2025 report on January 26, 2026, offering a detailed snapshot of enforcement activity.

Key figures include the removal of nearly 22,000 foreign nationals for breaches of the Immigration and Refugee Protection Act, with over 1,000 removals linked to serious inadmissibility. At land borders, 40,693 inadmissible persons were refused entry or withdrew their applications. CBSA also reported security screening of more than 80,950 asylum claimants and prevented 7,037 travellers from boarding Canada-bound flights due to invalid documentation.

These numbers highlight the scale of enforcement operations and the continued emphasis on border integrity alongside humanitarian processing.

Updated Forms and Compliance

IRCC released an updated version of IMM 5373 – Sponsorship Undertaking and Settlement Plan for Sponsorship Agreement Holders (SAHs). Sponsors should ensure they are using the latest form version, as outdated forms can lead to delays or returned applications.

Provincial Nominee Programs and Draws

Manitoba conducted Draw #263 on January 29, 2026, issuing 47 invitations under the Skilled Worker Stream through the Strategic Recruitment Initiative, targeting employer-supported candidates, Francophone communities, regional and ethnocultural communities, and applicants under the Temporary Public Policy.

Important Upcoming Dates to Watch

• February 28, 2026: Temporary public policy for Iranian nationals in Canada expires.

• March 31, 2026: Canada-Ukraine Authorization for Emergency Travel (CUAET) temporary public policy ends.

• March 31, 2026: Northwest Territories Nominee Program (NTNP) work permit eligibility extension expires under updated guidelines.

Missing these deadlines could have serious status and eligibility consequences for affected applicants.

Why This Week Matters

Taken together, this week’s developments show a system under pressure but also under scrutiny. Federal Court decisions are sending a clear message about the quality of reasoning expected from immigration officers, while IRCC and CBSA continue adjusting policies to balance humanitarian obligations, fiscal sustainability, and enforcement priorities. For applicants and practitioners alike, careful documentation, attention to deadlines, and strategic legal analysis remain more critical than ever.

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