Immigration & Refugee
Immigration & Refugee judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rejects Challenge to Citizenship Revocation Due to Fraud
The Federal Court dismissed an application for judicial review challenging the revocation of citizenship based on fraud. The court found the process fair and the decision reasonable, upholding the revocation under the Citizenship Act.
Federal Court Overturns Refugee Appeal Decision Due to Health and Gender Concerns
The Federal Court overturned a decision by the Refugee Appeal Division, ruling that it was unreasonable to expect a refugee claimant with breast cancer and her family to relocate due to medical and gender-based concerns. The court highlighted the importance of considering intersectional factors such as health conditions and violence against women when assessing internal flight alternatives.
Federal Court Overturns Refugee Appeal Division Decision for Failing Intersectional Analysis
Federal Court Allows PRRA Challenge Based on Outdated Evidence
The Federal Court allowed a judicial review application challenging an immigration officer's decision based on outdated evidence. The claimant argued that the officer did not properly assess current risks faced by Kurdish individuals in Turkey, relying instead on articles from years ago rather than recent country conditions.
Federal Court Sets Aside Exclusion Under Article 1E of Refugee Convention
Failed Refugee Claimant Loses PRRA Appeal in Federal Court
The Federal Court dismissed a failed refugee claimant's Pre-Removal Risk Assessment (PRRA) application after finding that there wasn't enough proof to show new risks if they returned to India.
Federal Court Overturns Refugee Protection Exclusion Decision
A court ruled that excluding a person seeking a person status based on their previous residency was unfair. The decision didn't properly weigh all factors, like safety concerns and international responsibilities.
Federal Court dismisses PRRA application judicial review
Federal Court Rejects Claimant's Challenge to IRCC Exemption Denial
The Federal Court dismissed a claimant's application for judicial review of an IRCC decision rejecting an exemption application under humanitarian and compassionate grounds. The court found the decision reasonable and coherent.
Federal Court Dismisses H&C Appeal: Evidence Insufficient
The Federal Court dismissed an appeal challenging an IRCC decision rejecting an a person application for an exemption from immigration rules. The court ruled that the applicant's evidence did not show enough hardship or prove there was no safe place to go within India, leading to the rejection of their case.
Federal Court Grants Claimant's Judicial Review for Pre-Removal Risk Assessment
The Federal Court granted the claimant's application for judicial review, setting aside the refusal of his Pre-Removal Risk Assessment due to lack of procedural fairness and unreasonable decision. The court ruled that the claimant's fears of persecution were not fairly assessed, and the decision was unreasonable for requiring corroboration of the claimant's allegations without assessing his risks as a gay man.
Federal Court Sets Aside PRRA Denial for Lack of Oral Hearing
A federal judge ruled that denying a a person protection request without allowing the applicant to speak in person is unfair. This decision sets aside the original denial, giving the claimant another chance at assessment with proper procedures.
Federal Court Allows Judicial Review of PRRA Decision Due to Unreasonable Ruling
Federal Court Quashes Decision on Humanitarian and Compassionate Grounds
Federal Court Dismisses Visa Refusal Judicial Review
A person applied for a temporary resident visa but was refused by an immigration officer because they did not provide enough proof of strong ties to their home country or sufficient funds. When they challenged this decision in court, the Federal Court dismissed their case, agreeing with the officer's assessment based on the lack of detailed financial information.
Federal Court Rejects Work Permit Refusal Judicial Review
Federal Court Upholds Danger Opinion for Removal
The Federal Court dismissed a judicial review application challenging a danger opinion under Canada's immigration law. The court upheld the decision that removing an individual from Canada to South Sudan posed no significant personal risk, despite their extensive criminal history and potential challenges in South Sudan.
Federal Court Allows Judicial Review: Officer Failed to Consider Best Interests of Children
A federal judge ruled that an immigration officer must carefully consider the best interests of children when deciding applications for permanent residency based on humanitarian reasons. In this case, the officer did not adequately weigh how returning to Mexico would affect the children's well-being.
Federal Court Rejects Work Permit Appeal
A person seeking a work permit from a person (a person) challenged their refusal in Federal Court. The court found that the a person's decision was reasonable and procedurally fair, dismissing the appeal.