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Immigration law 2024 FC 16

Patel v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a TRP refusal, finding the applicants did not meet either statutory precondition under s. 24(1) of the IRPA.

  • Temporary resident permit
  • Medical inadmissibility
  • Reasonableness review
  • Best interests of the child
  • Humanitarian and compassionate grounds
  • Temporary-resident-permit
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Immigration law 2020 FC 389

Sernicula v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an immigration refusal, finding the officer unreasonably assessed the children’s best interests and relied on speculation.

  • Medical inadmissibility
  • Best interests of the child
  • Humanitarian and compassionate relief
  • Standard of review - reasonableness
  • Individualized care plan
  • Best-interests-of-the-child
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Immigration law 2017 FC 558

Avessta v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a sponsorship refusal, finding the Board reasonably assessed future sponsorship risk and family hardship.

  • Inadmissibility on health grounds
  • Reasonableness standard of review
  • Evidence weighing and credibility
  • Undertakings and enforceability
  • Hardship assessment
  • Judicial-review
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Immigration law 2015 FC 1406

El Dor v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a medical inadmissibility visa refusal, finding no procedural unfairness, no material CTR defect, and a reasonable excessive-demand assessment.

  • Excessive demand (s.38(1) irpa)
  • Certified tribunal record completeness
  • Designated physician assessment
  • Mitigation plan evaluation
  • Fairness letter procedure
  • Excessive-demand
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Immigration law 2015 FC 921

Akbar v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a permanent residence refusal, upholding the finding that the applicant’s daughter was medically inadmissible for excessive demand.

  • Medical inadmissibility
  • Excessive demand
  • Procedural fairness
  • Standard of review
  • Mitigation plans
  • Medical-inadmissibility
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Immigration 2015 FC 209

Kotelenets v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review, finding the IAD breached procedural fairness by refusing to hear properly notified witnesses in a self-represented immigration appeal.

  • S.38(1) excessive demand (health inadmissibility)
  • S.67(1)(c) special relief (humanitarian and compassionate)
  • S.162(2) duty of procedural fairness
  • Immigration appeal division rules - witness procedure
  • Extension of time - hennelly test
  • Self-represented litigant considerations
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Immigration law 2012 FC 1020

Kabir v. Canada (Citoyenneté et Immigration)

The Federal Court dismissed judicial review of an IAD decision upholding a visa refusal based on health inadmissibility and finding no sufficient H&C relief.

  • Humanitarian and compassionate considerations
  • Health inadmissibility under irpa s.38(1)(c)
  • Standard of review — reasonableness
  • Family reunification
  • Health-inadmissibility
  • Humanitarian-and-compassionate-considerations
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Immigration law 2012 FC 261

Ravis Cuarte v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of a permanent residence refusal, finding the officer failed to make an individualized excessive-demand assessment and unreasonably required a reimbursement mechanism.

  • Excessive demand
  • Individualized assessment
  • Reimbursement mechanism
  • Provincial nomination/canada‑saskatchewan agreement
  • Standard of review
  • Immigration-law
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Immigration law 2011 FC 1167

Iqbal v. Canada (Citizenship and Immigration)

The Federal Court upheld a medical inadmissibility refusal, finding the officers considered the applicant’s evidence but reasonably maintained the excessive-demand assessment.

  • Excessive demand
  • Inadmissibility
  • Medical assessment
  • Standard of review
  • Reasons for decision
  • Costs
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Immigration law 2010 FC 398

Sharma v. Canada (Citizenship and Immigration)

Federal Court dismissed a judicial review of a permanent residence refusal based on a child’s alleged excessive demand on health or social services.

  • Excessive demand
  • Health inadmissibility
  • Standard of review
  • Procedural fairness
  • Individualized assessment
  • Excessive-demand
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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.