Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Upholds Exclusion Based on Serious Non-Political Crime
Federal Court Upholds Work Permit Refusal Due to Lack of Economic Ties
Civil Resolution Tribunal Refuses to Resolve Immigration Expense Dispute
The Civil Resolution Tribunal refused to resolve a dispute between a worker and an employer regarding immigration expenses, stating that the Employment Standards Branch has exclusive jurisdiction over such matters.
Federal Court Grants Judicial Review Over Procedural Fairness Breach in Refugee Hearing
The Federal Court granted an application for judicial review, setting aside the Refugee Appeal Division's decision due to a breach of procedural fairness during a refugee hearing. The Court found that the breach was not cured by subsequent written submissions.
Federal Court Rejects Visa Refusal Judicial Review
Federal Court Rejects Refugee Claim Judicial Review
The Federal Court dismissed a judicial review of a refugee claim decision, affirming the Refugee Appeal Division's analysis of the Internal Flight Alternative and rejecting the claimants' arguments regarding the means of persecution and safety concerns.
Federal Court Allows Judicial Review Challenging Refugee Status Cessation
Federal Court Overturns Decision on Gender-Based Harm Application
The Federal Court granted an application for judicial review, overturning a refusal of a humanitarian and compassionate application for permanent residence based on gender-based harm. The court found that the officer misunderstood the claimant's evidence and submissions regarding gender-based harm in Bangladesh.
Federal Court Overturns Visitor Visa Refusal Due to Unreasonable Financial Analysis
The Federal Court granted a visitor visa application after overturning an officer's refusal. The officer's decision was found unreasonable due to inadequate analysis of the claimant's financial situation and failure to consider the financial support offered by the claimant's father.
Refugee Claimant's Appeal Dismissed Due to Lack of Forward-Facing Risk
Federal Court Grants Judicial Review of Work Permit Refusal
The Federal Court granted a judicial review, overturning a work permit refusal because the decision was found to be unreasonable and lacked proper consideration of the applicant's evidence.
Federal Court Upholds RAD Decision on Refugee Protection Claim
Federal Court Rejects Challenge to Refugee Status Cessation
The Federal Court dismissed an application for judicial review challenging the cessation of refugee protection status due to multiple returns to Pakistan. The court ruled that the Refugee Protection Division's decision was reasonable and that the presumption of reavailment was not rebutted.
Federal Court Rejects Refugee's Permanent Residency Claim
The Federal Court rejected a refugee's application for permanent residency in Canada. The Court found that the Immigration Officer's decision was reasonable and that the applicant had a durable solution in another country.
Federal Court Rules Refugee Claim Ineligible Due to Previous US Claim
Federal Court Rejects Pre-Removal Risk Assessment Judicial Review Application
The Federal Court dismissed an application for judicial review of an officer's decision on a Pre-Removal Risk Assessment application. The court found the officer's decision reasonable, considering the claimant's immigration history and previous refugee claims.
Federal Court Rules IAD Lacks Jurisdiction on Humanitarian Grounds
In a recent decision, the Federal Court ruled that the Immigration Appeal Division (IAD) lacked the authority to consider an application based on humanitarian and compassionate grounds. The court found that the IAD did not have the necessary jurisdiction to review the case.
Judicial Review Grants Temporary Resident Visa Application
Federal Court Upholds Decision on Refugee Protection Application
The Federal Court dismissed an application for judicial review, upholding the decision that the applicant had an internal flight alternative in Mérida, Mexico. The court found that the applicant failed to provide sufficient evidence to overturn the decision.