Sponsorship Success! Federal Court Clarifies MNI Calculation in Sepasi-Ashtiani.
Is Your Sponsorship Application on Shaky Ground? The Sepasi-Ashtiani Decision Offers Clarity!
Sponsoring a family member to Canada is a profound act of love and commitment. However, the process can be complex, especially when it comes to meeting the financial requirements. At Arrowhood Immigration Services Inc., we understand that every detail matters, and a recent Federal Court decision, Sepasi-Ashtiani v. Canada (Citizenship and Immigration), 2025 FC 1031, highlights just how critical precision is in these applications.
What Happened in Sepasi-Ashtiani?
The case of Sepasi-Ashtiani involved a Canadian citizen attempting to sponsor her mother for permanent residence. The initial application was deemed incomplete but later "locked in" on December 28, 2022. When IRCC assessed the sponsorship, the officer incorrectly reviewed the applicant's income for the 2018, 2019, and 2020 taxation years. However, according to the Immigration and Refugee Protection Regulations (IRPR) and relevant jurisprudence, the correct taxation years to assess were the three consecutive years immediately preceding the "lock-in date" – in this case, 2019, 2020, and 2021.
The Federal Court found the officer's decision "unreasonable" because of this error in identifying the correct assessment period. Even though the applicant hadn't specifically provided 2021 income information, they had authorized IRCC to obtain information directly from the Canada Revenue Agency. The Court emphasized that the officer had a duty to correctly apply the law and ensure procedural fairness, including assessing information accurately and, where appropriate, requesting necessary details.
Why Does This Matter to You?
This decision is a crucial reminder for anyone involved in family class sponsorships, particularly those subject to the Minimum Necessary Income (MNI) requirement:
"Lock-in Date" is Key: The date your application is deemed "locked in" by IRCC is paramount for determining which taxation years will be assessed for your income.
Precision in MNI Calculation: IRCC officers must correctly identify and review the precise three consecutive taxation years immediately preceding the lock-in date. Errors in this calculation can lead to an unreasonable decision.
IRCC's Duty to Act Reasonably: While applicants have responsibilities, IRCC officers also have a duty to correctly apply the law and ensure procedural fairness, including assessing information accurately and, where appropriate, requesting necessary details.
The Sepasi-Ashtiani ruling reinforces the importance of meticulous preparation and understanding of the immigration regulations. If your sponsorship application was refused due to MNI issues, or if you're concerned about how your income will be assessed, this case provides a valuable legal precedent.
At Arrowhood Immigration Services Inc., we specialize in family class sponsorships. We meticulously review every detail of your application, ensuring that income calculations, "lock-in" dates, and all other requirements are met with precision, minimizing the risk of errors and rejections.
Are you concerned about the Minimum Necessary Income (MNI) requirement for your family sponsorship? The Sepasi-Ashtiani decision underscores the need for accuracy!
Don't let a technicality derail your family's future in Canada. If you're planning a family sponsorship or are facing a refusal related to MNI, contact Arrowhood Immigration Services Inc. today! Our expertise ensures your application meets every requirement, paving the way for a successful family reunion
