Docket: IMM-18496-24
Citation: 2025 FC 394
Ottawa, Ontario, March 4, 2025
PRESENT: Mr. Justice Sébastien Grammond
BETWEEN: |
DONALD CHIKE IGWEONU |
Applicant |
and |
THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent |
JUDGMENT AND REASONS
[1] The Applicant, a citizen of Nigeria, is seeking judicial review of the refusal of a permit to study for a post-graduate certificate in Health and Social Systems Navigation at Conestoga College. A visa officer refused his application because he did not provide sufficient evidence of the source of the funds needed to pay for his program.
[2] This case was dealt with in writing, on consent of the parties, as part of the Court’s Study Permit Pilot project. I am granting leave. However, I am dismissing the application. My reasons follow.
[3] On judicial review, the Court’s role is not to reweigh the evidence nor to craft reasons that the officer failed to provide. Rather, the Court’s role is to decide whether the officer’s decision was reasonable in light of the record. Officers are not required to provide lengthy or detailed reasons, as long as the Court can understand why the decision was made.
[4] To show that he would have the funds required to support his studies, Mr. Igweonu provided a deed of sale showing that his father sold property in order to fund his studies. He also provided his own bank account statement showing that the proceeds of the sale were deposited in his account shortly after the sale.
[5] The officer noted that Mr. Igweonu did not provide evidence of income tax paid or pay slips, presumably as evidence of his employment. The officer noted the deed of sale but added that “there is no direct proof of financial transfer provided.”
The officer then concluded that “Limited evidence pertaining to the source of these funds does not satisfy me that the applicant will have access to the funds provided in support of the application.”
[6] In my view, this is reasonable. The bank statement shows that the account was mainly used for very small transactions. However, there is also a pattern of large deposits with withdrawals in the same amounts some time afterwards. In particular, there are deposits described as “Lekki property sale” in February 2024, which are completely reversed by withdrawals with the same description in May 2024. Likewise, there is a deposit of 41,000,000 naira on July 16, 2024 and a withdrawal in the same amount the next day. Then, on July 18, there are two deposits totalling 41,000,000 naira, described as “sale of land”. This corresponds to what Mr. Igweonu’s father says is the transfer of the proceeds of the sale. Given that large amounts were transferred in and out of this account on more than one occasion, the officer could reasonably be concerned about the source and availability of the funds, even though Mr. Igweonu provided a document styled “deed of conveyance” that purports to evidence the sale of a piece of land for 42,000,000 naira. Hence, the officer’s conclusion that there was limited evidence is reasonable. Mr. Igweonu is inviting the Court to reweigh the evidence before the officer, which is not its role on judicial review.
[7] For these reasons, the application for judicial review will be dismissed.
JUDGMENT in IMM-18496-24
THIS COURT’S JUDGMENT is that:
1. Leave to bring the application for judicial review is granted.
2. The application for judicial review is dismissed.
3. There is no question of general importance for certification.
"Sébastien Grammond"
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