Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Sets Aside PRRA Refusal Due to Procedural Unfairness
The Federal Court found that the decision to refuse a PRRA application was procedurally unfair and unreasonable because the immigration officer required corroborative evidence without addressing any credibility concerns.
Federal Court Sets Aside Decision on Best Interests of Child
The Federal Court ruled that the Immigration Officer's decision was flawed because it did not adequately consider the financial dependence of the child on the applicant. As a result, the Court overturned the decision and ordered a new assessment by a different officer.
Federal Court Rejects Refugee Protection Claim Judicial Review
The Federal Court dismissed an application for judicial review of a decision by the Refugee Appeal Division refusing the applicant's appeal and confirming the Refugee Protection Division's decision to refuse the applicant's refugee protection claim.
Federal Court Sets Aside Unreasonable Removal Deferral Denial
Federal Court Rejects PRRA Judicial Review Application
The Federal Court dismissed an application for judicial review challenging a negative Pre-Removal Risk Assessment decision. The court ruled that the applicant did not provide enough personalized evidence to prove a risk of persecution or harm if returned to Egypt.
Judicial Review Granted for Improper Assessment of H&C Application
Federal Court Rejects Judicial Review of Exclusion Order
Federal Court Dismisses Judicial Review of Visa Refusal
Federal Court Grants Judicial Review of PRRA Decision
Federal Court Rejects Requirement for Spousal Sponsorship Decision Before Removal
In a recent Federal Court decision, the court rejected a claimant's request for a decision on a spousal sponsorship application before being removed from Canada. The court determined that the claimant did not meet the necessary criteria for obtaining declaratory relief or a writ of mandamus, emphasizing the need for comprehensive security checks during the immigration process.
Federal Court Grants Judicial Review Over Translation Errors in Refugee Hearing
The Federal Court granted a judicial review of a Colombian family's refugee claim due to translation errors during the hearing. The court found that these errors affected the credibility assessment and granted the review to a different decision-maker.
Federal Court Allows Judicial Review of Immigration Decision
Federal Court dismisses judicial review of PRRA decision
The Federal Court dismissed a judicial review challenging a decision that found the applicants would not face a risk of harm if returned to Sweden. The court ruled that the decision was reasonable and procedurally fair.
Federal Court Overturns Immigration Decision for Ignoring International Law
Federal Court Overturns Decision to Deny Permanent Resident Status Due to Inadequate Consideration of Health
Federal Court Upholds Start-up Visa Program Refusal
Federal Court Grants Judicial Review for H&C Grounds Application
Federal Court dismisses PRRA judicial review application
The Federal Court dismissed an application for judicial review of a Pre-Removal Risk Assessment (PRRA) decision. The court found that the PRRA officer's decision was reasonable and procedurally fair, and that the officer was not required to issue a procedural fairness letter to the claimant.
Federal Court Rejects Minor's Refugee Claim Based on Family Persecution Risk
The Federal Court dismissed an application for judicial review, ruling that minors did not individually establish a risk of persecution if returned to India, despite their mother's granted protection status. The court emphasized that each family member must prove their own risk of persecution separately.