Canadian Visa Refused Due to "Instability" in Your Home Country? The Federal Court May Disagree.

Oct 24, 2025

Are you applying for a Canadian temporary visa (for visiting, studying, or working) from a country experiencing political or economic instability?


If so, you may be facing a very common and difficult challenge. Applicants from such countries often receive visa refusals, even when their applications are otherwise strong. Visa officers frequently argue that the instability in your home country means you have a "weak incentive to return" and that you are more likely to overstay your visa in Canada.


This logic can feel like a "catch-22": you are being penalized for a situation that is entirely out of your control.


However, a leading Federal Court of Canada case, Hamad v. Canada (Citizenship and Immigration), 2012 FC 336, shows that this line of reasoning is often flawed, speculative, and can be successfully challenged.


If you're in this situation, this case is essential to understand.


The Case: Hamad v. Canada (2012 FC 336)


1. The Background


The applicants were a family from Libya—a husband, wife, and their four young children. The principal applicant applied for a study permit to attend George Brown College, with his family applying to accompany him. The application was filed in June 2011, during the height of the Libyan civil conflict.


The family provided significant evidence of their ties to Libya, including:


  • Professional jobs (Head of HR at a university and a teacher) with approved leaves of absence.

  • Family ties (parents and siblings) for both husband and wife in Libya.

  • Significant assets, including a home, an orchard, a transport truck, and part-ownership in a business.

  • A previous compliant trip to Canada, where the applicant left before his visa expired.


2. The Officer's Refusal


Despite this evidence, the visa officer refused the entire family. The officer’s reasoning was based almost entirely on the instability in Libya. The officer concluded the applicants would not return because of:


  • Uncertain Employment: The officer stated that the "current situation in Libya is very unstable and future employment is not certain".

  • Purpose of Visit: The officer believed the real reason for the study plan was to escape the unstable situation.

  • Weak Incentives to Return: The officer interpreted a letter from the applicant's counsel to mean the family would "seek to stay in [Canada] as long as the situation in Libya remains unstable".


Why the Federal Court Found the Refusal "Unreasonable"


The applicants challenged this decision, and Justice Zinn of the Federal Court agreed with them, finding the officer's decision "unreasonable". The judgment systematically dismantles the officer's logic.


This is what the Court found:


1. The Officer's Conclusion on Employment Was "Speculative"


The officer's claim of "limited future employment" was an assumption. Justice Zinn noted that the officer's finding was "speculative, and an unreasonable conclusion not supported by the record". The actual evidence showed the applicants had secure jobs, businesses, and assets they were leaving in the care of family.


2. The Officer Ignored Positive Evidence


The officer noted only "limited travel to Egypt" but "completely disregarded or ignored" the applicant's previous travel to Canada in 1991 and the fact that he complied with the law and left on time. This was a critical positive factor that the officer failed to consider.


3. The Officer "Mischaracterized" the Applicant's Intent


This is the most important point for applicants from unstable regions. The officer twisted the applicant's honesty into a negative.


Justice Zinn stated that "the officer’s statement that 'the family will seek to stay in [Canada] as long as situation in Libya remains unstable' mischaracterized the statements made in the application".


What the applicant's counsel actually wrote was a candid and lawful statement of "dual intent." The letter stated:

"He has every expectation that the country will stabilize... He wants to return when he completes his course and contribute to the development of the country. Should the conditions in the country worsen... then Mr. Hamad would take legal and appropriate steps to retain his status in Canada until it is resolved. Please be assured that he has no intention... of attempting to remain without status in Canada."


This is a crucial difference. The officer saw an intention to overstay; the Court saw an intention to follow the law, even if circumstances changed. The applicant was clear they would not remain illegally.


4. The Officer Unfairly Dismissed the Purpose of the Visit


The officer claimed the only reason for the trip was to escape instability. The Court found this was "not an accurate reflection". The instability affected the timing of the decision, but it did not invalidate the bona fides (good faith) of the study plan.


What This Means for Your Application


If you are applying from a country with political or economic challenges, this case is your blueprint.


  1. Don't Hide the Situation: Be honest about the situation in your country. Hiding it makes you look evasive.


  2. Address it Head-On in Your Letter of Explanation (LOE):


    • Acknowledge the instability, but explain why it does not change your long-term plan to return.

    • State your intentions clearly. If you have "dual intent" (i.e., you intend to return, but are also aware you might later qualify for a legal program), state it lawfully.

    • Crucially, emphasize that you have every intention of respecting Canadian law and will not remain in Canada without status, just as the applicant did in Hamad.


  3. Provide Overwhelming Evidence of Your Ties: This case is not a substitute for a strong application. The Hamad family won because they had strong evidence that the officer ignored. Your application must include extensive proof of:


    • Employment: Letters from employers, business registration, etc.

    • Assets: Property deeds, bank statements (from both your home country and country of residence, if applicable), investments.

    • Family: Proof of close family members who are remaining behind.

    • Travel History: Show all past travel, especially to countries like Canada, the US, or the UK, and prove you always returned on time.


A refusal based on speculation about your country's future is not a lawful refusal. The Federal Court has made it clear that officers must base their decisions on the evidence in front of them, not on generalized, speculative fears.


Successfully navigating a Canadian visa application from a country with perceived instability is not straightforward. As the Hamad case demonstrates, the way your information is presented, how your intentions are articulated, and the legal arguments made can be the difference between approval and a refusal based on "speculation".


These applications require careful, strategic preparation and a deep understanding of immigration law and Federal Court precedents. You must proactively address potential officer concerns, rather than hoping they will be overlooked.


If you are facing this complex situation or have received a refusal based on similar reasoning, don't navigate it alone. Reach out to our team at Blacksy for professional assistance. We have the expertise and experience to help you build the strongest case possible.


—o—


About the Author


I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 


At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.


Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.


Visit us at www.blacksyimmigration.com to learn more or to start your journey.


The articles on this site are general information, not legal advice, and reading them doesn’t create a lawyer-client relationship. Immigration rules change often, so always consult a qualified Canadian immigration lawyer about your specific situation.