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 Claimant's Judicial Review on Family Class Sponsorship
Federal Court Upholds Refugee Appeal Division's Internal Flight Alternative Decision
Federal Court Grants PRRA Appeal Due to Procedural Unfairness
A person seeking protection from removal under Canada’s immigration laws had their case reviewed by the Federal Court. The court found that while the decision was reasonable, it breached procedural fairness because the officer did not give proper notice or a chance for input regarding an alternative location in Mexico where they could be safe.
Federal Court Rejects Judicial Review of Internal Flight Alternative Decision
In this case, the Federal Court dismissed an appeal against a decision by the Refugee Appeal Division (RAD) regarding whether refugees could safely relocate to another part of their home country instead of seeking asylum abroad. The court ruled that the RAD's analysis was reasonable and based on proper evidence.
Federal Court Grants Judicial Review Over Procedural Fairness Issue
The Federal Court granted an application for judicial review of a negative Pre-Removal Risk Assessment (PRRA) decision. The court found that the officer breached procedural fairness by failing to provide notice and an opportunity to respond when considering an internal flight alternative.
Federal Court Dismisses Judicial Review of IAD Family Class Sponsorship Decision
The claimant's attempt to challenge a refusal by an immigration officer through the courts was unsuccessful. The Federal Court upheld the decision, stating that her father failed to declare her as a non-accompanying dependent in his initial permanent residence application, thus excluding her from sponsorship under specific regulations.
Federal Court Upholds Refusal of Restoration Applications
Federal Court Rejects Restoration Application Beyond 90-Day Period
In a recent case, the Federal Court dismissed an application for judicial review challenging the refusal to restore temporary resident status and issue work permits. The court ruled that applicants must submit their applications within the prescribed 90-day period under section 182 of the Immigration and Refugee Protection Regulations.
Federal Court Dismisses Judicial Review Application as Moot
The claimant's request to stay their removal from Canada pending a decision on their a person was dismissed by the Federal Court as moot, since the event for which they sought deferral had already passed. The court found no practical effect and declined to hear the matter further.
Federal Court Upholds Internal Flight Alternative for Refugees
Federal Court Rejects Claimant’s Judicial Review Application on Immigration Points
A person seeking permanent resident status in Canada through the a person lost their case when they failed to show that an immigration officer's decision denying additional points was unreasonable or unfair. The Federal Court upheld the original decision.
Federal Court Declares Judicial Review of Deferral Request Moot
Federal Court Rejects Application for Additional Immigration Points
In a recent Federal Court decision, the claimant's application for judicial review was dismissed. The court ruled that a valid Certificate of Qualification is required to claim additional Comprehensive Ranking System points, which the claimant did not possess.
Federal Court Rejects Refugee Protection Claim Due to Lack of Persecution Risk Evidence
A mother and son seeking refugee protection in Canada were denied because they could not prove it would be unreasonable to move within their home country. The Federal Court upheld this decision after reviewing the case.
Federal Court Dismisses Work Permit Application Due to Deadline Miss
A person applied for a work permit but missed the deadline for previous eligibility requirements. As a result, their application was denied and they were unable to get a judicial review accepted by the Federal Court.
Federal Court Rejects Mandamus Order for Immigration Application Delay
Federal Court Rejects Mandamus Application for Permanent Residence Delay
A person seeking a court order to speed up their permanent residence application was denied. The Federal Court ruled that delays in processing her application under specific immigration programs were reasonable due to government policies and priorities.