Patel v. Alberta Advantage Immigration Program

Patel v. Alberta Advantage Immigration Program

AAIP is a provincially constituted and administered program created under Alberta law and therefore falls within the express exclusion in section 2 of the Federal Courts Act; as a result the Federal Court lacks jurisdiction under section 18 of the Act to judicially review AAIP nomination revocations, and the judicial review applications were plain and obvious failures and are struck without leave to amend.

Citation
2026 FC 302
Parties
Applicant: Om Sanjaykumar Patel; Applicant: Ramandeep Kaur; Respondent: Alberta Advantage Immigration Program
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 March 2026
Procedural Posture
Judicial Review of Administrative Decisions (provincial Nominee Program) / Motions to Strike Under Rule 369; Decision on Jurisdiction and Costs (judgment)
Outcome
Motions granted; judicial review applications struck for lack of Federal Court jurisdiction; costs awarded to Respondent
Legal Topics
Provincial Nominee Program (pnp), Definition of Federal Board, Commission or Other Tribunal, Rule 105 Consolidation, Motions to Strike, Judicial Review Remedies, Procedural Fairness, Reasonableness Review
Source Language
English
Administrative Law Immigration Law Federal Court Jurisdiction Procedural Law Provincial Nominee Program (pnp) Definition of Federal Board, Commission or Other Tribunal Rule 105 Consolidation Motions to Strike +3 more

Case Brief

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Parties

Om Sanjaykumar Patel

Applicant

Ramandeep Kaur

Applicant

Alberta Advantage Immigration Program

Respondent

Procedural Posture

Judicial Review of Administrative Decisions (provincial Nominee Program) / Motions to Strike Under Rule 369; Decision on Jurisdiction and Costs (judgment)

Legal Issues

  1. 1 Whether the two motions should be heard together under Rule 105
  2. 2 Admissibility of affidavits filed in support of the motions
  3. 3 Whether the Alberta Advantage Immigration Program (AAIP) is a "federal board, commission or other tribunal" within the meaning of section 2 of the Federal Courts Act

Ratio Decidendi

AAIP is a provincially constituted and administered program created under Alberta law and therefore falls within the express exclusion in section 2 of the Federal Courts Act; as a result the Federal Court lacks jurisdiction under section 18 of the Act to judicially review AAIP nomination revocations, and the judicial review applications were plain and obvious failures and are struck without leave to amend.

Court Disposition

Motions granted; judicial review applications struck for lack of Federal Court jurisdiction; costs awarded to Respondent

Orders

  • Motions to strike are granted
  • The Applications for judicial review (T-4040-25 and T-3970-25) are struck without leave to amend