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 Judicial Review of Refugee Appeal Decision
The claimant requested the Federal Court to review a a person appeal decision but was unsuccessful. The court upheld the original decision using the 'reasonableness' standard for reviewing administrative decisions, unless there are specific legal reasons not to do so.
Federal Court Upholds Decision on Credibility Concerns
Federal Court Rejects Challenge to Refugee Status Cessation
Federal Court Orders Decision on Study Permit Application
A person's request to study in Canada faced an unreasonably long wait time of more than two and a half years. After taking legal action, the Federal Court ordered the government to make a decision on their application within 30 days due to the unreasonable delay.
Federal Court Dismisses Refugee Protection Status Challenge
Federal Court Orders Decision on Overdue Temporary Resident Visa
The Federal Court ordered the Minister of Citizenship and Immigration to make a decision on a man's temporary resident visa application after more than three years of waiting. This was because the delay was much longer than what is normally expected for such applications, and it would help him visit his Canadian daughters.
Federal Court Allows Judicial Review of Refugee Status Cessation
The Federal Court allowed a judicial review challenging the cancellation of a refugee's status. The Court found that the Refugee Protection Division did not properly consider the claimant's safety measures while visiting Lebanon.
Federal Court Orders Visa Decision After Three-Year Delay
Federal Court Orders Decision on Study Permit Application Due to Unreasonable Delay
Federal Court Sets Aside Refugee Protection Division's Decision on Safety Precautions
The Federal Court allowed a judicial review challenging the cessation of a person status for an individual who returned to Lebanon. The court found that the a person Protection Division did not properly consider the safety precautions taken by the claimant while in Lebanon, focusing instead on whether these actions amounted to living in hiding.
Federal Court Grants Judicial Review on Procedural Fairness
A Federal Court judge reviewed a decision made by immigration officials regarding someone seeking permanent residency in Canada. The court found that the process was not fair because important information was missed, leading to misunderstandings about the applicant’s case. As a result, the case will be reconsidered with proper procedures.
Federal Court Allows Judicial Review of Temporary Work Permit Denial
A federal court judge ruled in favour of an applicant who sought judicial review of a decision refusing their application for a temporary work permit. The refusal was based on concerns that the applicant, being overqualified for the position, might not leave Canada at the end of their stay. However, the court found this reasoning unreasonable as it did not properly address evidence showing financial incentives and ties to Pakistan.
Federal Court Upholds Refusal of Temporary Work Permits and Visas
Federal Court Upholds Refusal of Temporary Work Permits and Visas
A federal court dismissed an appeal against immigration decisions refusing temporary work permits and visas for a spouse and children. The court upheld the officer’s decision based on insufficient financial support and strong family ties to Canada.
Federal Court Grants Application Due to Lack of Procedural Fairness
Federal Court Grants Judicial Review in Work Permit Case
A worker from China applied for a temporary resident work permit but was refused because an officer believed French language skills were necessary. The court found this decision unreasonable and granted judicial review, as the officer relied on incorrect information about the employer's operations.
Federal Court Allows Judicial Review Due to Incompetent Legal Representation
In this immigration case, the claimant's judicial review application was successful because their previous lawyer gave them incorrect legal advice. This led to a misrepresentation finding being overturned by the Federal Court due to procedural fairness concerns.
Federal Court Overturns Work Permit Denial Due to Incompetent Representation
The Federal Court overturned a decision to deny a work permit application due to a claimant's argument that her immigration consultant's incompetence breached natural justice. The consultant failed to advise the claimant to disclose a criminal charge in Canada, leading to a breach of natural justice and the reopening of the application for redetermination.
Federal Court Overturns Work Permit Denial Due to Insufficient Language Evidence
Federal Court Grants Judicial Review Over Insufficient Reasons
The Federal Court granted an application for judicial review of an immigration officer's decision. The court found the officer's reasons for determining the applicant's credibility insufficient and the officer's failure to fully assess the applicant's eligibility under the Immigration and Refugee Protection Act unreasonable.