Federal Court case law
Judgments from the Federal Court with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Federal Court Reverses Denial of Permanent Residence on Compassionate Grounds
The Federal Court overturned a decision denying permanent residence to a claimant on humanitarian and compassionate grounds. The Court found the officer's assessment of the claimant's establishment in Canada unreasonable.
Federal Court dismisses refugee protection claim
Federal Court Grants Judicial Review of H&C Application Rejection
Federal Court Rejects Claimant’s Request for Tax Relief
A taxpayer who moved during a pandemic and faced financial difficulties sought to have their tax penalties waived but was denied by the Canada Revenue Agency. After seeking judicial review in the Federal Court, the claimant’s request for relief from these penalties was dismissed as the decision was found reasonable and fair.
Federal Court Sets Aside Work Permit Refusal Due to Procedural Unfairness
The Federal Court overturned a work permit refusal because the decision-maker did not give the applicant enough chance to address concerns about her job skills and the legitimacy of the job offer. This highlights the importance of fair procedures in immigration decisions.
Federal Court Grants Judicial Review Due to Procedural Unfairness
In a Federal Court case, a judicial review was granted due to a breach of procedural fairness. The officer failed to give the applicant a fair chance to respond to concerns about their job abilities and the authenticity of the job offer.
Federal Court Rejects Taxpayer's Request for Penalty Relief
The Federal Court rejected a taxpayer's request for relief from late-filing penalties and arrears interest, ruling that the Canada Revenue Agency's decision was reasonable and fair.
Federal Court dismisses PRRA judicial review
The Federal Court dismissed an application for judicial review challenging a PRRA decision refusing protection under sections 96 and 97 of the IRPA. The court found the decision reasonable and meeting the statutory thresholds.
Federal Court Dismisses PRRA Judicial Review Application
The Federal Court dismissed a judicial review application challenging decisions refusing Pre-Removal Risk Assessment (PRRA) applications based on alleged risks in India. The officer's a person was found reasonable as it properly considered the statutory risk framework and available evidence, despite new materials submitted after the a person.
Federal Court Grants Judicial Review: H&C Grounds Not Properly Considered
A person seeking permanent residency was denied by an immigration officer on humanitarian and compassionate grounds. The Federal Court granted judicial review, stating that the officer did not properly assess the applicant's specific situation and potential risks if returned to their home country.
Federal Court Overturns H&C Application Refusal for Permanent Residency
A federal court judge overturned an immigration decision denying a woman's request to stay permanently in Canada on humanitarian and compassionate grounds. The judge found the original decision unreasonable and sent it back for another officer to reconsider.
Federal Court Rejects Refugee Protection Claim Based on Internal Flight Alternatives
The Federal Court dismissed an application for judicial review of a Refugee Appeal Division decision denying refugee protection status to a Mexican citizen. The court found that a person's refusal to admit new evidence was reasonable and that the claimant failed to establish viable internal flight alternatives or show that relocation would be unreasonable.
Federal Court Grants Judicial Review Due to Procedural Unfairness
The Federal Court granted judicial review due to a breach of procedural fairness. The claimant was unaware of the case to meet, leading to an unfair decision-making process involving the Canada Emergency Response Benefit (CERB) and the Canada Recovery Caregiving Benefit (CRCB).
Federal Court Dismisses Afghan Refugee Sponsorship Judicial Review Application
The Federal Court dismissed a claimant's judicial review application regarding an incomplete refugee sponsorship application under a Temporary Policy. The court ruled that the officer acted reasonably in returning the application due to non-compliance with procedural instructions and timing issues.
Federal Court Rejects Motion for Additional Disclosure
Federal Court Rejects Judicial Review of IRCC Decision on Incomplete Sponsorship Application
Federal Court Rejects Motion for Additional Disclosure Under Rule 317
Federal Court Grants Judicial Review Due to Procedural Fairness Breach
The Federal Court granted a judicial review application because the Canada Revenue Agency (a person) did not follow proper procedures when deciding on eligibility for CERB and CRCB benefits. The court found that the claimant was never informed of additional information needed to address his case, leading to the decision being overturned.
Federal Court Rejects CRB Eligibility Challenge
The Federal Court dismissed an appeal challenging a decision denying eligibility for the Canada Recovery Benefit (CRB). The claimant argued they were eligible due to reduced income and employment during the pandemic, but the court found insufficient evidence was provided. The a person's procedural fairness in contacting the claimant was also deemed reasonable.