
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
The Federal Court ruled that the limitation periods under the Crown Liability and Proceedings Act and the Federal Courts Act do not apply to the statutory revocation process under the Citizenship Act. This means that the action to revoke citizenship based on false representation or fraud is not subject to a time limit for filing the claim.
The Federal Court granted an application for judicial review, overturning a decision on a refugee's cessation of protection. The court found that the Refugee Protection Division's decision was unreasonable.
The Federal Court granted judicial review of a visa officer's decision refusing a study permit and work permit application. The court found the visa officer failed to consider the applicant's evidence about the benefits of the proposed educational program.
The Federal Court granted an application for judicial review because the decision-makers did not inform the applicant of specific concerns related to their application. This breach of procedural fairness led to the decision being overturned.
The Federal Court granted a judicial review of a Pre-Removal Risk Assessment application, finding the decision unreasonable due to contradictory findings and errors in analyzing the applicant's risk under sections 96 and 97 of the IRPA.
The Federal Court dismissed a claimant's application for refugee protection, ruling that the state protection in Trinidad and Tobago was adequate. The Court upheld the Refugee Appeal Division's decision, rejecting the claimant's arguments about the credibility of their narrative and the availability of state protection.
The Federal Court dismissed an application for judicial review of a decision denying refugee status to a claimant from Pakistan. The Court ruled that the claimant did not provide enough evidence to prove a real danger of harm in the future, as required by the Immigration and Refugee Protection Act.