A decision released October 7 and analysed in detail on October 9 (2026 FC 1228) offers hope to foreign nationals subject to past removal orders. Justice Grant quashed an IRCC refusal of an Authorization to Return to Canada (ARC) after finding the officer failed to weigh extensive evidence of the applicant’s establishment abroad—employment letters, education certificates and business records. Under the Immigration and Refugee Protection Act, anyone deported from Canada must secure an ARC before re-entry. Officers assess factors such as the reasons for removal, risk of repeat non-compliance and current ties abroad. In this case the officer focussed almost exclusively on the applicant’s past infractions and a single income figure, ignoring stronger proof of rehabilitation. Grant J. ruled the decision unreasonable and sent the file to a new officer. While the order does not guarantee the ARC will be granted, it clarifies that dismissing relevant evidence violates administrative-law standards. For mobility managers the take-away is procedural: when preparing ARC submissions for former assignees, document employment, education and community ties abroad in detail and flag them prominently. If a refusal letter glosses over that evidence, a judicial-review challenge may succeed. The case also underscores tight timelines—60 days from notification for overseas refusals. Employers considering re-hiring previously removed employees should engage counsel early to preserve appeal options.
Source: Alisa Immigration
