Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rules IAD Lacks Jurisdiction in Misrepresentation Case
The Federal Court decided that the Immigration Appeal Division (IAD) does not have the authority to hear appeals related to permanent residence applications that include humanitarian and compassionate (H and C) grounds after a misrepresentation finding. This decision was based on the Immigration and Refugee Protection Act.
Federal Court Allows Judicial Review of Refugee Protection Claim
Federal Court Rejects Study Permit Extension Appeal
Federal Court Rejects Start-Up Business Class Permanent Residence Claim
The Federal Court dismissed a claim for permanent residence under the Start-Up Business Class because the applicants did not provide enough evidence showing that essential parts of their business operations would be conducted in Canada.
Federal Court Rejects Appeal of Humanitarian and Compassionate Application
Federal Court Upholds Inadmissibility Decision for Refugee Claimant
Federal Court Partially Grants H&C Application Judicial Review
Federal Court Upholds Refugee Appeal Division Decision on Credibility
Federal Court Rejects Writ of Mandamus for Gaza Refugees Seeking TRVs
Federal Court Rejects TRV Mandamus Application
Federal Court Orders Processing of Web Form Submissions Under Policy
Federal Court Rejects Appeal of Interlocutory Immigration Order
The Federal Court dismissed an appeal of an interlocutory order in an immigration case, stating that such appeals are prohibited under the Immigration and Refugee Protection Act.
Federal Court Overturns Immigration Decision for Insufficient Evidence
Federal Court dismisses work permit judicial review
Federal Court Sets Aside Visa Refusal and Misrepresentation Finding
The Federal Court overturned a visa refusal and finding of misrepresentation, citing unreasonableness and procedural fairness breaches. The case was sent back for a new decision by a different official.
Federal Court Rejects Appeal Over Viable Internal Flight Alternative for Refugees
The Federal Court rejected an appeal challenging the Refugee Appeal Division's decision that an internal flight alternative in Mexico was viable for individuals seeking refugee status. The Court found the RAD's decision reasonable based on the evidence presented.
Federal Court Rejects Refugee Claim Due to Fraudulent Documents
Federal Court Upholds RAD's Decision on Viable Internal Flight Alternative
The Federal Court dismissed the claimant's application for judicial review, upholding the Refugee Appeal Division's decision that the claimant had a viable internal flight alternative in Chittagong. The Court ruled that the claimant did not provide sufficient evidence to show that the RAD's decision was unreasonable.