Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Grants Judicial Review Over Consultant's Incompetence
Federal Court Rejects Claim for Permanent Residence Under Temporary Public Policy
The Federal Court dismissed an application for judicial review, ruling that the claimant did not meet the eligibility criteria for permanent residence under the Temporary Public Policy. The Court found that the claimant's work experience did not align with the eligible occupation requirements.
Federal Court Rejects Refugee Claimant's Judicial Review of Internal Flight Alternative Decision
The Federal Court rejected a refugee claimant's attempt to challenge the Refugee Appeal Division's decision through judicial review. The Court found that the claimant had not provided sufficient evidence to question the reasonableness of the decision.
Federal Court Upholds TRV Refusal Due to Insufficient Financial Evidence
The Federal Court dismissed an application for judicial review, upholding the decision to refuse a temporary resident visa due to insufficient evidence regarding the origin of the funds submitted by the applicant. The court found that the officer was justified in refusing the visa application because the applicant failed to provide adequate supporting documentation to confirm the availability of funds.
Federal Court Rejects Work Permit Refusal Judicial Review
Federal Court Rejects PRRA Judicial Review Application
The Federal Court dismissed an application for leave and judicial review of a PRRA decision. The court found that the officer's assessment of the applicants having an available internal flight alternative and not requiring a hearing was reasonable.
Federal Court Struck Down Applications Seeking Judicial Review of Provincial Nominee Program Decisions
The Federal Court dismissed applications seeking judicial review of decisions made by a provincial nominee program, ruling that such decisions are not subject to federal court jurisdiction under the Federal Courts Act.
Federal Court Rejects Refugee Status Claim Due to Lack of Credible Evidence
Federal Court Rejects Refugee Protection Claim Due to Lack of Credible Evidence
Federal Court Grants Partial Judicial Review for Temporary Resident Permit
Federal Court Rejects Work Permit Judicial Review Application
Federal Court Rejects Challenge to IFA Decision
Federal Court Upholds TRV Refusal Due to Insufficient Financial Resources
Federal Court Upholds Misrepresentation Finding in Study Permit Denial
The Federal Court dismissed an application for judicial review, upholding a decision to deny a study permit due to misrepresentation. The court found that the officer's concerns were substantiated and the applicant was given a fair opportunity to respond.
Federal Court Upholds Ineligibility for Previous Refugee Claim
Federal Court Rejects Refugee Protection Claim Due to Complicity in Crimes Against Humanity
Federal Court Grants Stay of Removal for Family Pending Judicial Review
The Federal Court granted a stay of removal for a family pending the determination of their applications for leave and judicial review. The court found that the family's applications raised serious issues and that the balance of convenience favoured the applicants, especially considering the best interests of the children involved.
Federal Court Allows Judicial Review of Spousal Sponsorship Application
The Federal Court allowed a judicial review of a spousal sponsorship application decision, stating that the Immigration Appeal Division's decision was unreasonable because it did not properly consider the factors of a conjugal relationship as outlined in Malodowich v. Penttinen.
Federal Court Rejects Refugee Protection Claim Due to Insufficient Evidence
Federal Court Dismisses Judicial Review on Crimes Against Humanity
The Federal Court dismissed an application for judicial review regarding the inadmissibility of a foreign national based on crimes against humanity committed while serving in a military organization. The Court found that the Immigration Division's decision was reasonable and supported by strong evidence.