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Immigration law 2024 FC 230

Aydemir v. Canada (Citizenship and Immigration)

The Federal Court dismissed a PRRA judicial review, finding no procedural unfairness or ineffective assistance of counsel and no basis to disturb the officer’s risk assessment.

  • Pre-removal risk assessment (prra)
  • Procedural fairness
  • Ineffective assistance of counsel
  • Credibility and corroboration
  • Risk of persecution
  • Pre-removal-risk-assessment
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Immigration law 2022 FC 719

Simic v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of an H&C refusal for failing to grapple with central discrimination and establishment arguments, and dismissed a TRV extension challenge as moot.

  • Humanitarian and compassionate relief (s.25 irpa)
  • Reasonableness review (vavilov)
  • Temporary resident status extensions
  • Mootness
  • Humanitarian-and-compassionate-relief
  • Reasonableness-review
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Immigration law 2021 FC 511

Niare v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of an exclusion order, finding the officer acted fairly and reasonably on the certified record.

  • Exclusion order
  • Inadmissibility
  • Study permit
  • Restoration of status
  • Procedural fairness
  • Judicial review
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Immigration law 2020 FC 180

Ogbonna v. Canada (Citizenship and Immigration)

Federal Court upheld the RAD’s refusal to remit an asylum appeal despite factual errors in the RPD summary, finding no breach of procedural fairness and dismissing judicial review.

  • Remittal under s.111 irpa
  • Internal flight alternative
  • Female genital mutilation
  • Standard of review (vavilov)
  • Legitimate expectations
  • Judicial-review
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Immigration law 2019 FC 1041

Kumararajan v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an exclusion order, finding no procedural fairness breach but holding the applicant’s late disclosure of family members in Canada should be reconsidered.

  • Exclusion order
  • Safe third country agreement
  • Procedural fairness
  • Judicial review
  • Irpa/irpr compliance
  • Judicial-review
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Immigration law 2019 FC 936

Saint-Félix v. Canada (Citizenship and Immigration)

The Federal Court allowed a judicial review of a PRRA refusal, finding the officer breached procedural fairness by relying on undisclosed outdated evidence.

  • Pre-removal risk assessment
  • Procedural fairness breach
  • Use of extrinsic evidence
  • Remand for redetermination
  • Procedural-fairness
  • Judicial-review
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Immigration law 2019 FC 1239

Pava v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review in a Roma refugee claim, finding the RPD’s reasons unclear on cumulative discrimination and inadequate on operational state protection.

  • State protection
  • Cumulative discrimination
  • Standard of review
  • Apprehension of bias
  • Remedies
  • State-protection
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Immigration law 2014 FC 315

Bailey v. Canada (Citizenship and Immigration)

The Federal Court allowed a judicial review of an H&C refusal, finding procedural unfairness and an unreasonable hardship analysis regarding severe disability care in Jamaica.

  • Humanitarian and compassionate grounds
  • Pre-removal risk assessment (prra)
  • Disclosure of extrinsic evidence
  • Disability accommodation
  • Country conditions
  • Humanitarian-and-compassionate-grounds
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Immigration law 2012 FC 1023

Westmore v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of a refused H&C application, quashed the decision, and sent it back for reconsideration by a different officer.

  • Humanitarian and compassionate grounds
  • Judicial review — reasonableness
  • Adequacy of reasons
  • Legitimate expectation
  • Remittal
  • Humanitarian-and-compassionate-grounds
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Administrative law 2012 FC 64

Paul v. Canada (Attorney General)

The Federal Court allowed judicial review of CSC’s involuntary transfer decision, finding the disclosure given to the inmate was too vague to permit meaningful representations.

  • Procedural fairness
  • Involuntary transfer
  • Security classification
  • Disclosure of information
  • Corrections and conditional release act s.27
  • Procedural-fairness
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.