Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Dismisses Judicial Review of Temporary Resident Visa Refusal
Federal Court Rejects Permanent Residence Application Refusal Judicial Review
The Federal Court dismissed the claimant's application for judicial review of an immigration officer's decision refusing the claimant's application for permanent residence and request for reconsideration, finding the officer's decision reasonable and supported by the record.
Federal Court Overturns Unreasonable Work Permit Denial
Federal Court Grants Judicial Review of Immigration Relief Denial
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 Grants Judicial Review for Hairstylist Apprentice Work Permit
The Federal Court granted judicial review of a visa officer's decision refusing a work permit for a hairstylist apprentice. The Court ruled that the officer's decision was unreasonable for applying the same standards for fully qualified hairstylists.
Federal Court Grants Judicial Review Against Unreasonable Decision
Federal Court Rejects Work Permit Extension Due to Misaligned Job Requirements
Federal Court Rejects Refugee Status Claim
The Federal Court dismissed an application for judicial review of a decision denying refugee status to a claimant. The Court found the claimant failed to identify persecutors with precision.
Federal Court Rejects Refugee Protection Claim Based on State Protection in the Netherlands
Federal Court Rejects Judicial Review of Incomplete Sponsorship Application
Federal Court Grants Application Due to Unreasonable Risk Assessments
Federal Court Rejects LMIA Challenge
The Federal Court dismissed an application for judicial review of a negative Labour Market Impact Assessment (LMIA) decision. The employer failed to show that the job offer was genuine and that they made reasonable efforts to hire or train Canadians or permanent residents.
Federal Court Quashes Decision for Insufficient Analysis of Country of Asylum Claim
The Federal Court granted a judicial review, overturning a decision because the officer failed to properly analyze the claimant's country of asylum claim. This means the officer did not provide enough detail about why the claimant was ineligible for permanent residence under the Immigration and Refugee Protection Act.
Federal Court Dismisses Moot Immigration Application
The Federal Court dismissed an application for leave and judicial review of a decision to defer removal of applicants from Canada, finding the application moot as the underlying issue had become irrelevant.
Judicial Review Granted Due to Procedural Unfairness
The Federal Court granted a judicial review of a visa officer's decision to refuse a work permit application. The decision was found to be unfair and unreasonable because the officer did not provide full disclosure of misrepresentation concerns to the applicant.
Federal Court rejects judicial review of immigration decision
Federal Court Upholds Visa Officer's Work Permit Denial
The Federal Court dismissed an application for judicial review, upholding a visa officer's decision to deny a work permit. The officer found that the applicant did not provide enough proof of language skills and financial stability.
Federal Court Rejects Asylum Claim Denial for Colombian Facing Threats
The Federal Court dismissed a refugee claimant's request for judicial review, upholding the negative credibility findings and the viability of the Internal Flight Alternative. The court found that the decision-maker's findings were reasonable based on the evidence and legal standards.