Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Upholds Ruling on Internal Flight Alternative in Immigration Case
Federal Court Rejects Study Permit Application Refusal Review
The Federal Court dismissed a claimant's application for judicial review of the refusal of her study permit application. The court found that the claimant was ineligible to restore her status as a student because she was outside the 90-day window for restoration and was trying to change from one type of temporary resident status to another.
Federal Court Rules Study Permit Denial Unreasonable
The Federal Court decided that an immigration officer's denial of a study permit was unreasonable because the officer did not consider the applicant's evidence showing his intention to return to Iran after finishing his studies.
Federal Court Grants Minister's Application for Judicial Review of Immigration Detention
The Federal Court granted the Minister's application for judicial review of two decisions regarding an immigration detainee's detention. The court ruled that the detainee's detention must be linked to a valid immigration purpose, as required by the Immigration and Refugee Protection Act.
Federal Court Grants Judicial Review on Work Permit Denial
The Federal Court granted a judicial review, overturning an officer's decision to deny work permits. The court found the officer's decision unreasonable because it failed to properly assess the significant benefit to Canada and ignored the applicant's long history of immigration compliance.
Federal Court Rejects Immigration Decision Due to Flawed Child Best Interests Analysis
The Federal Court rejected an immigration decision because the officer's analysis of what is in the child's best interests was flawed and lacked coherence. The case was sent back for reconsideration.
Federal Court Revokes Citizenship Due to Fraud
Federal Court Upholds Refugee Appeal Division Decision on Credibility Assessment
The Federal Court dismissed an application for judicial review, upholding the decision of the Refugee Appeal Division. The claimant sought refugee status but was denied due to a lack of credible evidence supporting their claims of persecution.
Federal Court Rejects LMIA-Exempt Work Permit Application
Federal Court Grants Work Permit Application After Judicial Review
Federal Court Rejects PRRA Application Judicial Review
Federal Court Grants Judicial Review of Refugee Status Denial Due to Inadequate Evidence Consideration
The Federal Court granted a request for judicial review of a decision denying refugee status to applicants who feared persecution by the CJNG. The Court found that the Refugee Appeal Division failed to properly consider evidence showing the CJNG's willingness to pursue individuals who report them to the police.
Federal Court Grants Judicial Review for Expedited Visa Redetermination
The Federal Court granted a judicial review of an unreasonable decision refusing a visa application. The Court set aside the decision and ordered an expedited redetermination by another officer. However, the claimant's request for costs was denied.
Federal Court Grants Judicial Review Over Lack of Procedural Fairness
Federal Court Rejects Charter Challenge Against Deportation Order
Federal Court Denies Stay of Removal for Immigrant
The Federal Court denied an immigrant's request to stop his removal from Canada to India. The court ruled that the immigrant did not provide enough proof of immediate danger to his life if he were removed.