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 Immigration Officer's Unreasonable Refusal
Federal Court Grants Judicial Review for Incomplete Immigration Application
Federal Court Upholds Immigration Officer's Decision on Refugee Status
The Federal Court dismissed an application for judicial review, upholding an Immigration Officer's decision to refuse a Somali applicant's application for permanent resident visa due to lack of credible evidence and safe country conditions.
Federal Court Rejects Challenge to Incomplete Immigration Application
Federal Court Grants Judicial Review Due to Procedural Fairness Issues
Federal Court Quashes LMIA Decision Due to Fettered Discretion
In a recent Federal Court decision, a ruling requiring an attestation from a specific entity for a Labour Market Impact Assessment (LMIA) application was overturned. The Court found that the Officer's insistence on the attestation ignored the employer's submission of relevant financial documentation, thereby fettering her discretion.
Federal Court Grants Stay of Removal Pending Spousal Sponsorship Decision
Federal Court Orders Minister to Decide Admissibility Within 90 Days
Federal Court Denies Stay of Removal Motion
The Federal Court denied the claimant's request to stay their removal from Canada to India. The court ruled that the claimant did not raise a serious issue and failed to prove that they would suffer irreparable harm if removed.
Federal Court Denies Stay of Removal Motion
Federal Court Grants Judicial Review on Immigration Decision
The Federal Court granted a judicial review of an immigration officer's decision, finding it unreasonable because the officer failed to properly assess the applicant's establishment in Canada and the best interests of the applicant's children.
Federal Court of Appeal Upholds Citizenship Revocation Due to Fraud
Federal Court Rejects Mandamus Claim for Visa Processing Delay
Federal Court Partially Grants Judicial Review for Family Sponsorship Application
In a recent Federal Court case, a family's application for sponsorship was partially granted. The Court allowed the application for one member but dismissed the claims for others, emphasizing the importance of family reunification in Canada.
Federal Court Upholds Temporary Resident Permit Refusal
The Federal Court upheld an immigration officer's decision to refuse a temporary resident permit for a child. The court found the decision reasonable, emphasizing the best interests of the child and addressing potential trafficking risks.
Federal Court Overturns Study Permit Denial for Lack of Justification
The Federal Court overturned a decision to deny a study permit application because the decision lacked sufficient reasoning and did not adequately consider the applicant's evidence. The court found the decision unreasonable and ordered it to be reconsidered.
Federal Court Rejects Claimant's Mandamus Application Due to Suspension of Designated Organization
Federal Court Sets Aside H and C Application Decision
The Federal Court overturned an officer's decision to refuse a humanitarian and compassionate application for permanent residence, ruling that the decision was unreasonable and did not meet the standard of reasonableness.
Federal Court Upholds Decision on Internal Flight Alternative for Mexican Claimant
Federal Court Grants Judicial Review of Refugee Protection Decision
The Federal Court granted judicial review of a decision by the Refugee Protection Division, finding that the Division made errors in assessing risks from racially motivated attacks and failed to consider the cumulative effect of discrimination faced by the applicants.