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 Rejects CRB Eligibility Challenge
Federal Court Finds Temporary Resident Visa Denial Unreasonable
Federal Court Upholds CRA's CRB Eligibility Decision
In this case, a person challenged the Canada Revenue Agency's decision denying their eligibility for the Canada Recovery Benefit (CRB). The Federal Court reviewed the case and upheld the a person's decision, concluding that it was reasonable based on the evidence provided.
Federal Court Dismisses Challenge to Military Maternity Allowance Denial
A self-represented litigant challenged the denial of military maternity and parental allowance, arguing that she should be eligible to apply retroactively due to uncertainty at the time of her leave. However, the court found that the administrative decision was procedurally fair and reasonably interpreted the eligibility requirements.
Federal Court Sets Aside Unreasonable TRV Refusal
A retired Pakistani citizen applied for a temporary resident visa (TRV) to visit family in Canada but was refused. The Federal Court granted judicial review, finding that the officer's decision was unreasonable due to errors in assessing the claimant’s ties to Pakistan and dismissing important evidence.
Federal Court Rejects Claim of No Safe Internal Flight Alternative in Mexico
The Federal Court dismissed an application by a person seeking refugee status who argued they could not safely return to Mérida, Mexico due to threats from a criminal cartel. The court found that there was no evidence supporting the claimant's fear of persecution in Mérida and upheld the decision denying their appeal.
Federal Court Upholds Decision to Revoke Citizenship for Misrepresentation
A person challenged the decision by Immigration, Refugees and Citizenship Canada (IRCC) to revoke their a person for misrepresenting their criminal history when applying for citizenship. The Federal Court dismissed this challenge, finding that IRCC's decision was reasonable and fair.
Federal Court Rejects Refugee Claimant's Challenge to Internal Flight Alternative
The Federal Court dismissed a refugee claimant's challenge to the denial of his appeal by the Refugee Appeal Division. The Court upheld the finding that the claimant had an internal flight alternative in Mérida, Mexico, as there was no objective evidence to substantiate a fear of returning to the location.
Federal Court Rejects Challenge to Citizenship Revocation Due to False Representation
The Federal Court dismissed a challenge to the revocation of citizenship due to false representation and fraud. The court found the decision was reasonable and procedurally fair.
Federal Court Upholds Denial of Retroactive Maternity Allowance
The Federal Court upheld the denial of a retroactive maternity and parental allowance request. The court ruled that applications for such allowances must be made before the leave period ends, rejecting the claimant's argument that the allowance could be claimed retroactively.
Federal Court Rejects Challenge to CRA's Denial of COVID Benefits Eligibility
A person challenged a decision by the Canada Revenue Agency (a person) to deny their eligibility for several COVID-related benefit programs. After reviewing the case, the Federal Court ruled in favour of the a person, stating that the process was fair and the decision reasonable based on the available information.
Federal Court Rejects Judicial Review of Refugee Status Rejection
Federal Court Allows Challenge Against CRA's Benefit Denial
Federal Court Grants Judicial Review Over Open Work Permit Decision
Federal Court Rejects Refugee Protection Claim on Judicial Review
The Federal Court rejected an appeal challenging a decision by immigration officials to deny refugee status to a person from Pakistan who faced threats for being involved with the Shia community. The court found that despite some inconsistencies in the claimant's testimony, the overall decision was reasonable.
Federal Court Upholds Res Judicata in Disability Benefits Case
In a recent Federal Court decision, the principle of res judicata was upheld, preventing a reconsideration of a final decision regarding disability benefits eligibility. The court found that the original decision was fair and that the applicant's arguments did not meet the criteria for granting leave to appeal.
Federal Court Upholds CRA’s CERB Eligibility Decision
The Federal Court upheld a decision made by the Canada Revenue Agency (a person), which determined an individual was not eligible for CERB benefits because they did not meet the required income threshold. The court found that the a person’s decision was both reasonable and procedurally fair, dismissing the claimant's application.
Federal Court Remands Criminal Rehabilitation Case for Redetermination
The Federal Court ruled that a delegate's decision denying someone's application for a person was not reasonable because it did not fairly consider all the evidence presented, including personal testimony about rehabilitation and risk of reoffending. The court ordered the case to be reconsidered by another delegate.
Federal Court Dismisses Refugee Protection Application Appeal
A family from India sought refugee protection in Canada due to threats from the husband. Their application was rejected by both the Refugee Protection Division and the Refugee Appeal Division. They then applied for judicial review of this decision, which was also dismissed by the Federal Court because they did not provide sufficient evidence of persecution.