Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rejects Motion to Reconsider Immigration Case
Federal Court Allows Judicial Review of Refugee Protection Claim
Federal Court Grants Judicial Review of Unreasonable Refugee Status Decision
Federal Court Upholds Refusal of PGWP Due to Non-Compliance
The Federal Court upheld the refusal of a Post-Graduate Work Permit due to non-compliance with a procedural fairness request. The applicant failed to provide a requested document, leading to the refusal of the permit.
Federal Court Upholds RAD's Decision on Internal Flight Alternative
Federal Court Rejects Judicial Review Application Over Lack of Credible Evidence
Federal Court Rejects H&C Application Due to Insufficient Evidence
The Federal Court dismissed a judicial review of a humanitarian and compassionate application because the claimant did not provide credible evidence to support his sexual orientation and the hardship he would face if returned to Nigeria.
Federal Court Upholds Work Permit Refusal Due to Insufficient Evidence
Federal Court Upholds Denial of Refugee Protection
Federal Court Grants Judicial Review of Refugee Claim Decision
Study Permit Application Rejected Due to Procedural Fairness Issues
The Federal Court granted a judicial review, overturning an Immigration, Refugees, and Citizenship Canada officer's decision to deny a study permit application. The officer's refusal was based on procedural fairness issues, as the officer made credibility findings without allowing the applicant to respond.
Federal Court Rejects Mandamus Claim Over PR Application Delay
Federal Court Rejects Claimant's Challenge to IFA Decision
Federal Court Overturns Immigration Decisions for Ignoring Evidence
The Federal Court overturned decisions refusing applications for permanent residence because the Officer ignored evidence provided by the applicants in response to a procedural fairness letter.
Federal Court Overturns Visa Officer's Refusal of Spousal Open Work Permit
The Federal Court overturned a visa officer's decision to refuse a spousal open work permit. The officer claimed there wasn't enough proof of the spouse's employment status. However, the Court found that the applicant had provided ample evidence, including a work permit, LMIA, and pay stubs, proving their spouse's employment in a high-skilled position.
Federal Court Rejects Claimant's Application for Protection Due to Lack of Evidence
Federal Court Rejects Work Permit Application Due to Insufficient Language Evidence
The Federal Court rejected a work permit application because the applicant did not provide enough proof of their language skills. The Court ruled that the applicant needed to show clear evidence of meeting the language requirements set by the Labour Market Impact Assessment.
Federal Court Upholds Genuine Marriage Test for Immigration Purposes
The Federal Court dismissed the application for judicial review, confirming that the marriage was not genuine and was entered primarily for immigration purposes, according to the Immigration and Refugee Protection Regulations.