In many cases, refugee claimants who are unsuccessful at the Refugee Protection Division have the right to file an appeal before the Refugee Appeal Division (RAD). If unsuccessful at the RAD, claimants…
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The case of Tennant is an example of the reviewing court using its exceptional power “to substitute its view for that of the administrative decision-maker, provided that certain conditions are met”.[1] Tennant…
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This question can lead to a very complicated answer. In short, there are two primary ways deportation can be stopped for a period of time referred to as deferred if done by…
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Our firm successfully represented an Applicant who had been found inadmissible to Canada for being a danger to the security of Canada in his Judicial Review application to the Federal Court. Our…
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In the recent decision of Osagie v. Canada (M.C.I.), 2018 FC 978, the Honourable Justice Ahmed presided over the Judicial Review of a residency obligation appeal before the Immigration Appeal Division. Mr….
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Failing to properly assess expert reports regarding mental health could constitute a reviewable error on judicial review of a deferral of removal request refusal. In Gama Sanchez (2018 FC 713), a recent…
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In 2008, the Supreme Court of Canada essentially abandoned the old system and reconsidered the standard of review in Dunsmuir v. New Brunswick which has now arguably become one of the most…
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The Federal Court has recently affirmed that the right to a fair hearing places an ongoing obligation on the decision-maker, throughout legal proceedings, to assess whether a self-represented litigant is truly ready…
Continue ReadingOur office assisted a client who had been found criminally inadmissible under the IRPA as a result of his former employment. However, the client had not worked with that organization for over…
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Misrepresentation finding rejected by Federal Court, reminding Officers to consider all of the evidence not just application forms before issuing a 5 year ban. To read the decision click here.
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