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Immigration law 2020 FC 390

Innocent v. Canada (Immigration, Refugees and Citizenship)

The Federal Court dismissed judicial review, holding it was reasonable to use the 2017 sponsorship date to assess dependent child status and that the IAD lacked H&C jurisdiction.

  • Dependent child definition
  • Lock-in date
  • Humanitarian and compassionate considerations
  • Standard of review (vavilov)
  • Statutory interpretation
  • Jurisdiction of the immigration appeal division
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Immigration law 2020 FC 194

Canada (Citizenship and Immigration) v. Ogunseitan

The Federal Court allowed judicial review, quashed the IAD decision, and remitted a family sponsorship matter for reconsideration because the misrepresentation analysis was unreasonable.

  • Misrepresentation under s.40(1)(a) irpa
  • Genuineness of marriage under s.4(1) regulations
  • Standard of review — vavilov
  • Sogie guidelines and credibility assessment
  • Misrepresentation-under-s-40-1-a-irpa
  • Genuineness-of-marriage
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Immigration law 2012 FC 661

Nyarko v. Canada (Citizenship and Immigration)

Judicial review of an IAD refusal was dismissed. The Court held that “post-secondary” does not include high school and any fairness error was immaterial.

  • Dependent child definition
  • Procedural fairness
  • Standard of review - reasonableness
  • Statutory and regulatory interpretation
  • Certification of question
  • Dependent-child-definition
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Immigration law 2008 FC 1250

Munganza v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a sponsorship refusal, holding that paragraph 117(9)(d) barred the family-class claim and that H&C relief was unavailable.

  • Sponsorship exclusion under s.117(9)(d) of irpr
  • Procedural fairness - right to oral hearing
  • Humanitarian and compassionate considerations
  • Ministerial exemption under s.25 irpa
  • Family-class-sponsorship
  • Procedural-fairness
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Immigration law 2008 FC 463

Tharmalingam v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a refused H&C application, finding the officer unreasonably assessed dependency and relied on speculative considerations.

  • Humanitarian and compassionate grounds
  • Dependency on family
  • Sponsorship financial requirements
  • Standard of review - reasonableness
  • Evidence and establishment
  • Humanitarian-and-compassionate-grounds
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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.