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Canada Case Law

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Immigration law 2026 FC 575

Marquiller v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an H&C refusal, finding the officer failed to engage with key evidence and relied on speculative reasoning.

  • Judicial review
  • Reasonableness
  • Establishment in canada
  • Ministerial discretion
  • Domestic violence
  • Evidence weighing
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Immigration law 2025 FC 1996

Bethune v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of a refusal of H&C permanent residence, finding the officer unreasonably assessed the grandchildren’s best interests.

  • Best interests of the child
  • Reasonableness review
  • Removal order
  • Pre-removal risk assessment
  • Best-interests-of-the-child
  • Reasonableness-review
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Immigration law 2025 FC 1847

Parmar v. Canada (Citizenship and Immigration)

Federal Court dismissed judicial review of an H&C refusal, finding the officer reasonably weighed establishment and hardship and that new evidence could not be considered.

  • H&c grounds
  • Establishment
  • Hardship
  • Best interests of children
  • Country conditions
  • Standard of review: reasonableness
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Immigration law 2025 FC 1160

Volovetskyi v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an H&C refusal, finding the officer unreasonably relied on the Ukraine ADR instead of conducting a proper individualized hardship assessment.

  • H&c hardship analysis
  • Administrative deferral of removals (adr)
  • Reasonableness review (vavilov)
  • Criminal inadmissibility
  • Best interests of the child (bioc)
  • Mental health evidence (ptsd)
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Immigration law 2025 FC 1080

Singh v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of an H&C refusal, finding the officer reasonably assessed hardship, establishment, BIOC, and caregiver evidence.

  • Humanitarian and compassionate relief
  • Reasonableness review
  • Best interests of the child
  • Establishment in canada
  • Country conditions
  • Hardship
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Immigration law 2025 FC 832

Sandhu v. Canada (Citizenship and Immigration)

Federal Court held that an H&C refusal was unreasonable because the officer failed to grapple with key evidence about family interdependence, children’s interests, and the applicant’s lived reality.

  • Humanitarian and compassionate relief
  • Reasonableness review (vavilov)
  • Family ties and interdependence
  • Best interests of children
  • Establishment in canada
  • Humanitarian-and-compassionate-relief
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Immigration law 2025 FC 165

Wilson v. Canada (Citizenship and Immigration)

Judicial review of an H&C refusal and TRV denial was dismissed. The Court found the Officer’s global assessment reasonable, fresh evidence inadmissible, and no procedural unfairness.

  • H&c exemption under s.25 irpa
  • Temporary resident visa s.24(1)
  • Standard of review (reasonableness)
  • Fresh evidence on judicial review
  • Right to an interview/hearing
  • Judicial-review
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Immigration law 2024 FC 885

Kamarrusta v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of an H&C refusal, finding the officer unreasonably failed to engage with evidence of efforts to regularize status.

  • Judicial review
  • Reasonableness standard
  • Engagement with evidence
  • Establishment in canada
  • Vacation of refugee status
  • Remittal for redetermination
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Immigration law 2024 FC 393

Jaworski v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of an immigration officer’s refusal to reopen an H&C decision, finding the officer stayed at the first reconsideration stage and acted reasonably.

  • Reconsideration
  • Standard of review
  • Reasonableness
  • Humanitarian and compassionate grounds
  • Jurisdiction
  • Judicial-review
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Immigration law 2023 FC 1655

Sharanych v. Canada (Citizenship and Immigration)

The Federal Court set aside a reconsideration decision on an H&C application, finding the officer used an incorrect legal lens and failed to address key evidence.

  • Reconsideration
  • Reasonableness review
  • Medical hardship
  • Ethnicity determination
  • Functus officio
  • 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.