Khan v. Canada (Citizenship and Immigration), a recent federal decision, found that it was inappropriate for an immigration officer to take into account a pending US residency application when determining a person's willingness to live in Canada.
Khan, the applicant, is a Bangladeshi national. He applied to become a permanent resident of Canada under the Quebec Investor Class. His daughter and wife were listed on the application as dependents as well.
When the immigration officer reviewed the application, he or she wondered if the applicant wanted to live in Quebec, which is one of the conditions set forth in the Immigration and Refugee Protection Regulations (IRPR).
Khan had been listed on his sister-in-law's 2012 application for residency in the United States, which was one of the reasons the officer was concerned about the candidate's intention to remain in Canada. The application was still being processed. After discussing these issues with the applicant, the officer was still unconvinced by his intentions and denied his request for permanent residence on the grounds that he could not demonstrate that he intended to live in Quebec.
Khan filed his request for judicial review, claiming that the judgement was unfair. The decision was deemed irrational by the court for the following grounds.