Federal Court Justice Lobat Sadrehashemi has overturned a study permit refusal and a misrepresentation finding carrying five years of immigration inadmissibility, ruling that federal officials denied the applicant a fair opportunity to answer their concerns.

In the October 5 decision, Said v. Canada (Citizenship and Immigration), the judge ordered a different decision-maker to reconsider Said Masoud Said’s application.

Immigration, Refugees and Citizenship Canada suspected Said had used an undeclared representative to prepare his application. Said denied that allegation, explaining that an acquaintance of a family friend had helped pay the application fee because he lacked access to a credit card. He maintained he completed the application himself.

Officials relied on the same credit card appearing on several unrelated applications as an indicator of an undeclared representative. However, their procedural fairness letter never told Said that this was the basis of their concern.

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“Mr. Said did not know the case he had to meet,” Sadrehashemi wrote.

The judge also found the decision inadequately explained how help paying a fee established that someone else prepared the application. Officials questioned the authenticity of his documents without making further findings about similarities between his application and others.

The decision also described an undisclosed paid representative without explaining what evidence established that Said had paid anyone to complete the paperwork.

Sadrehashemi stressed that misrepresentation findings require clear and convincing evidence because of their serious consequences. Such findings carry five years of inadmissibility, prevent permanent residence applications during that period and require ministerial permission to enter Canada.

In an unusual detail, Said’s lawyer did not attend the judicial review hearing or explain the absence. The judge nevertheless considered his written submissions.

The court quashed the January 28, 2025 decision. If officials continue to suspect misrepresentation, they must issue a new fairness letter and allow Said to respond.

The ruling does not grant him a study permit. It requires immigration officials to reconsider the application through a fair process supported by adequate reasons.