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 Challenge to IFA Decision
Federal Court Upholds TRV Refusal Due to Insufficient Financial Resources
Federal Court Upholds Misrepresentation Finding in Study Permit Denial
The Federal Court dismissed an application for judicial review, upholding a decision to deny a study permit due to misrepresentation. The court found that the officer's concerns were substantiated and the applicant was given a fair opportunity to respond.
Federal Court Overturns Unreasonable CRB Denial Decision
Federal Court Rejects Refugee Protection Claim Due to Complicity in Crimes Against Humanity
Federal Court Grants Judicial Review for Tax Relief Application
Federal Court Allows Judicial Review of CERB Eligibility Decision
Federal Court Rejects Refugee Protection Claim Due to Insufficient Evidence
Federal Court Upholds Ineligibility for Previous Refugee Claim
Federal Court Grants Stay of Removal for Family Pending Judicial Review
The Federal Court granted a stay of removal for a family pending the determination of their applications for leave and judicial review. The court found that the family's applications raised serious issues and that the balance of convenience favoured the applicants, especially considering the best interests of the children involved.
Federal Court Allows Judicial Review of Spousal Sponsorship Application
The Federal Court allowed a judicial review of a spousal sponsorship application decision, stating that the Immigration Appeal Division's decision was unreasonable because it did not properly consider the factors of a conjugal relationship as outlined in Malodowich v. Penttinen.
Federal Court Dismisses Judicial Review on Crimes Against Humanity
The Federal Court dismissed an application for judicial review regarding the inadmissibility of a foreign national based on crimes against humanity committed while serving in a military organization. The Court found that the Immigration Division's decision was reasonable and supported by strong evidence.
Federal Court Grants Judicial Review Over Immigration Officer's Unreasonable Refusal
Federal Court Rejects Challenge to Incomplete Immigration Application
Federal Court Grants Judicial Review for Incomplete Immigration Application
Federal Court Upholds Immigration Officer's Decision on Refugee Status
The Federal Court dismissed an application for judicial review, upholding an Immigration Officer's decision to refuse a Somali applicant's application for permanent resident visa due to lack of credible evidence and safe country conditions.
Federal Court Grants Stay of Removal Pending Spousal Sponsorship Decision
Federal Court Grants Judicial Review Due to Procedural Fairness Issues
Federal Court Quashes LMIA Decision Due to Fettered Discretion
In a recent Federal Court decision, a ruling requiring an attestation from a specific entity for a Labour Market Impact Assessment (LMIA) application was overturned. The Court found that the Officer's insistence on the attestation ignored the employer's submission of relevant financial documentation, thereby fettering her discretion.
Federal Court Denies Stay of Removal Motion
The Federal Court denied the claimant's request to stay their removal from Canada to India. The court ruled that the claimant did not raise a serious issue and failed to prove that they would suffer irreparable harm if removed.