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The Federal Court allowed judicial review of an H&C refusal, finding the officer unreasonably failed to grapple with a post-conviction affidavit addressing remorse and alcohol use.
The appeals were dismissed because the RPD correctly found that Mérida constitutes a viable internal flight alternative: the evidence shows Los Zetas lack the motivation to pursue the appellants to Mérida and Mérida is a safe and reasonable place for the appellants to relocate, therefore appellants do not face a serious possibility of persecution or a risk of harm there.
Source excerpt
The court upheld s. 22.02 of the Civil Forfeiture Act but held s. 11.01 unconstitutional under s. 8 because it was overbroad, intrusive, and lacked safeguards.
The Federal Court dismissed a judicial review of the CAF Final Authority’s decision to release the applicant under QR&O 5(f), finding no procedural unfairness or bias and upholding the decision as reasonable.
The Federal Court dismissed Mr. Thorne’s judicial review as moot after his passport was returned and criminal charges were withdrawn, declining to rule on the Charter challenge.
The court found Lowe and Mansfield liable for intentional infliction of mental suffering after a premeditated group assault, and awarded damages plus privacy orders.
Family law trial over guardianship, parenting, support and property. The court kept joint guardianship, gave Ms. J. final decision-making authority, imputed income to Mr. L., and divided trust funds.
PPPA defamation reasons over statements alleging Steven Galloway raped or sexually assaulted A.B., with the court assessing merit, defences, and public interest.
Federal Court dismissed a judicial review of an IAD decision refusing H&C relief from an exclusion order, rejecting bias, BIOC, and reasonableness challenges.
The court awarded the plaintiff $226,000 in damages for an unprovoked assault, including non-pecuniary, aggravated, and lost earning capacity damages, and refused punitive damages.
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