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 Super Visa Refusal Unreasonable
Federal Court Rejects Stay of Removal Motion
Federal Court Overturns Exclusion of Claimant from Refugee Protection Due to Insufficient Analysis
Federal Court Overturns Visa Refusal Due to Lack of Transparency
The Federal Court allowed an application for judicial review challenging a visa officer's refusal of a temporary resident visa application for a family seeking to visit Canada. The officer's decisions were overturned because they lacked clarity and justification regarding the family's finances, family ties, and immigration status.
Federal Court Upholds Refusal of Post Graduate Work Permit
In a recent Federal Court decision, the refusal of a Post Graduate Work Permit (PGWP) was upheld as reasonable. The court ruled that the officer did not need to consider alternative permit categories when the applicant was clearly ineligible for the PGWP.
Federal Court Rejects Refugee Claim Judicial Review
The Federal Court dismissed a judicial review application challenging a refugee claim decision. The Court found that the Refugee Appeal Division's refusal to admit new evidence and its focus on the viability of an internal flight alternative were reasonable.
Federal Court Rejects Visa Refusal Judicial Review
Federal Court Quashes RAD Decision Over Procedural Fairness Concerns
Federal Court dismisses judicial review on security concerns
The Federal Court dismissed a judicial review challenging an immigration officer's decision to refuse residency based on security concerns. The officer's decision was upheld as reasonable given the evidence of the applicant's involvement in money laundering activities supporting a listed terrorist organization.
Federal Court Rejects Refugee Claimant's Judicial Review of Immigration Decision
The Federal Court dismissed a refugee claimant's application for judicial review of an immigration officer's decision refusing a permanent resident application. The Court found that the officer's decision was reasonable and based on credible evidence.
Federal Court Rejects Refugee Claim Due to Internal Flight Alternative in Lima
The Federal Court dismissed an application for judicial review, confirming that the claimant could find protection in Lima, Peru, thus negating their claim for refugee protection.
Federal Court Upholds Vacation of Convention Refugee Status Due to Misrepresentation
Federal Court Upholds Visa Refusal for Temporary Resident Visa
The Federal Court dismissed an application for judicial review, upholding a visa officer's decision to refuse a temporary resident visa. The court found that the visa officer's decision was reasonable because it was based on a rational chain of analysis supported by the evidence and the law.
Federal Court Rejects Start-up Visa Program Applications
Federal Court Sets Aside Decision Due to Lack of Transparency
Federal Court Rejects Citizenship Application Mandamus Claim
The Federal Court dismissed an application for mandamus, ruling that the applicant had not met the test for mandamus due to lack of unreasonable delay in processing her citizenship application.
Federal Court rejects judicial review of immigration application refusal
The Federal Court dismissed a judicial review challenging the refusal of an immigration application and the denial of reconsideration. The court found the officer's decision reasonable based on multiple factors and procedural fairness.
Federal Court Declares Work Permit Denial Unreasonable
In a recent Federal Court decision, the denial of a work permit was found to be unreasonable because the officer did not properly consider the applicant's evidence and submissions. The court highlighted the need for thorough engagement with the applicant's information to ensure a fair and reasonable decision.
Federal Court Dismisses Judicial Review of Temporary Resident Visa Refusal
Federal Court Dismisses Judicial Review of Super Visa Refusal
The Federal Court dismissed a judicial review challenging a visa officer's refusal of a Super Visa application for a Pakistani citizen. The officer concluded the applicant failed to prove he would leave Canada at the end of his authorized stay, taking into account his past immigration history and compliance issues.