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Immigration law 2025 FC 1826

Jesuthashan v. Canada (Citizenship and Immigration)

The Federal Court dismissed a motion to stay removal, holding the applicant had not provided admissible evidence to support an extension of time for judicial review.

  • Extension of time
  • Stay of removal
  • Credibility findings
  • Statutory stay
  • Leave for judicial review
  • Procedure for interlocutory relief
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Immigration law 2022 FC 663

Sharifpouran v. Canada (Citizenship and Immigration)

Federal Court dismissed judicial review of a refused H&C application, holding the officer reasonably assessed healthcare, rehabilitation, and hardship factors.

  • Humanitarian and compassionate considerations
  • Serious criminality/inadmissibility
  • Reasonableness standard of review
  • Health and country conditions
  • Rehabilitation and ministerial guidelines
  • Humanitarian-and-compassionate-relief
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Immigration law 2020 FC 705

McLeish v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed judicial review applications challenging a section 44 inadmissibility referral and deportation order, finding no duty to conduct a full H&C analysis.

  • Inadmissibility
  • Serious criminality
  • Section 44 referrals
  • Humanitarian and compassionate considerations
  • Best interests of the child
  • Reasonableness review
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Immigration law 2018 FC 82

Ebika v. Canada (Citizenship and Immigration)

Federal Court dismissed a motion to stay removal to Cameroon, finding no serious issue, no clear irreparable harm, and that the balance of convenience favoured removal.

  • Pre-removal risk assessment (prra)
  • Stay of removal
  • Reasonableness review
  • Credibility findings
  • Irb guidelines on sexual orientation
  • Stay-of-removal
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Immigration law 2016 FC 810

Ouedraogo v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed judicial review of an exclusion order against a Burkina Faso student, finding the officer did not fetter discretion and could act despite no restoration application.

  • Exclusion order
  • Restoration of temporary resident status
  • Fettering of discretion
  • Standard of review
  • Certification of question
  • Detention and removal
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Immigration law 2011 FC 771

Lin v. Canada (Public Safety and Emergency Preparedness)

The Federal Court granted judicial review of a CBSA officer’s refusal to defer removal, finding the officer should have deferred pending a proper PRRA risk assessment.

  • Pre-removal risk assessment (prra)
  • Deferral of removal
  • Enforcement officer discretion
  • Ship-jumping
  • Judicial review
  • Certification of question for appeal
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Immigration law 2010 FC 964

Canada (Public Safety and Emergency Preparedness) v. Karimi-Arshad

The Federal Court dismissed judicial review of an immigration detention release order, holding the Immigration Division reasonably balanced danger, flight risk, and available supervision.

  • Detention review
  • Conditions of release
  • Supervision and monitoring
  • Flight risk
  • Danger to the public
  • Travel documents
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Immigration and refugee law VA6-01671

VA6-01671

The claimants' refugee claims were rejected because they failed to rebut the presumption that the United States can provide state protection and did not exhaust domestic remedies; the evidence did not establish a well‑founded fear of persecution or a personal risk to life, cruel or unusual treatment, or torture on removal to the United States.

  • Convention refugee determination
  • Persons in need of protection
  • State protection presumption
  • Exhaustion of domestic remedies
  • Reinstatement and revocation of immigrant visa petitions
  • Section 25 humanitarian and compassionate consideration
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Immigration 2005 FC 1099

Ali v. Canada (Minister of Public Safety and Emergency Preparedness)

The Federal Court denied a stay of removal for Saira Ali and her daughter, finding no irreparable harm and that the balance of convenience favoured the Minister.

  • Humanitarian and compassionate relief
  • Pre-removal risk assessment (prra)
  • Stay of removal
  • Irreparable harm
  • Balance of convenience
  • Leave to seek judicial review
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Immigration law 2003 FC 1308

Woods v. Canada (Minister of Citizenship and Immigration)

Motion to stay an exclusion order dismissed because the applicant failed to show irreparable harm and the balance of convenience favoured removal.

  • Stay of removal
  • Irreparable harm
  • Balance of convenience
  • Exclusion order
  • Statutory removal obligation
  • Judicial-review
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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.