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Decisions matching the current search
The Federal Court dismissed judicial review of a refused TRP application for a child sought for intercountry adoption, finding the officer’s discretion and BIOC analysis reasonable.
The Federal Court set aside a refusal of humanitarian and compassionate relief, finding the officer unreasonably required “extraordinary” establishment and gave incoherent reasons on the child’s best interests.
The Supreme Court held that Youth Protection Act corrective orders must protect the child before the tribunal and meet limits for preventive relief; broad systemic orders were overreaching.
The Federal Court granted judicial review of a visa refusal, finding the officer’s reasons internally incoherent and procedurally unfair in assessing family relationship evidence.
The court dismissed a mid-trial application to appoint independent counsel for two children and to have them testify privately about parenting and living arrangements.
Federal Court granted judicial review of an H&C refusal, finding the officer failed to consider the Canadian-born child’s best interests and gave unintelligible BIOC reasons.
Judicial review of an H&C refusal was granted because the officer unreasonably analyzed the children’s best interests and relied on unsupported generalizations.
Appeal dismissed because family unity does not constitute grounds for refugee protection, the appellant failed to demonstrate an individualized or objective risk of persecution or serious harm in the United States (risks from the foster care system are generalized), and the proffered new evidence did not have sufficient probative value to overturn the RPD's decision.
Source excerpt
The RAD upheld the RPD decision because procedurally the RPD complied with Guideline 3 and afforded the appellant an opportunity to be heard through his designated representative and counsel; substantively the appellant failed to establish a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a risk of torture, risk to life, or cruel and unusual treatment under IRPA s.97(1); family unity and speculative future separation do not establish entitlement to protection.
Source excerpt
The Federal Court dismissed judicial review of a refugee decision, finding the RAD used the correct risk test, reasonably assessed credibility, and had no duty to decide the child’s best interests.
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