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Immigration law 2026 FC 515

Lin v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review, finding the officer failed to consider that the applicant fled abuse and lost spousal sponsorship, making the H&C refusal unreasonable.

  • Humanitarian and compassionate grounds
  • Judicial review - reasonableness
  • Spousal sponsorship
  • Domestic abuse and evidentiary sensitivity
  • Humanitarian-and-compassionate-grounds
  • Judicial-review-reasonableness
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Immigration law 2026 FC 412

Ahmadzai v. Canada (Citizenship and Immigration)

The Federal Court dismissed Mr. Ahmadzai’s judicial review of a refusal under an Afghan resettlement public policy, following an earlier similar decision on judicial comity.

  • Permanent residence under public policy
  • Humanitarian and compassionate exemption
  • De facto dependent inclusion
  • Judicial comity between judges of the same court
  • Duty to disclose adverse authority
  • Judicial-comity
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Immigration law 2026 FC 265

Ibrahimi v. Canada (Citizenship and Immigration)

Judicial review of an OYW refusal was granted because the officer’s reasons were not responsive to family reunification concerns and used an improper comparative analysis.

  • One year window of opportunity (oyw)
  • S.141(1)(a) immigration and refugee protection regulations
  • Section 25(1) irpa h&c exemption
  • Family reunification
  • Comparative hardship analysis
  • Standard of review (reasonableness)
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Immigration 2026 FC 68

Mangmeesri v. Canada (Citizenship and Immigration)

Federal Court granted judicial review of an H&C refusal, finding the officer’s best-interests-of-the-child analysis incomplete for failing to address family separation.

  • Humanitarian and compassionate grounds
  • Best interests of the child
  • Procedural fairness
  • Standard of review - reasonableness
  • Remittal for redetermination
  • Humanitarian-and-compassionate-grounds
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Immigration law 2025 CF 1656

Rodríguez Ortega c. Canada (Citoyenneté et Immigration)

La Cour fédérale accueille le contrôle judiciaire d’un refus CH, jugeant déraisonnable et inéquitable la minimisation des allégations d’abus par l’employeur.

  • Procedural fairness
  • Credibility assessment
  • Reasonableness review
  • Remittal for reconsideration
  • Employer abuse in temporary foreign worker programs
  • Procedural-fairness
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Immigration 2025 FC 1255

Olanipekun v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an H&C refusal, finding the officer applied an improper exceptionality threshold and failed to grapple with key hardship evidence.

  • Section 25 irpa
  • Reasonableness review (vavilov)
  • Establishment in canada
  • Hardship and social stigma
  • H&c eligibility
  • Humanitarian-and-compassionate-relief
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Immigration 2025 FC 834

Isibor v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of an H&C refusal, finding the officer reasonably assessed income evidence and did not apply an impermissible exceptionality threshold.

  • Permanent residence
  • Humanitarian and compassionate grounds (s.25(1) irpa)
  • Standard of review — reasonableness
  • Establishment and integration
  • Evidence and proof of income
  • Exceptionality threshold
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Immigration 2025 FC 732

Shen v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed a judicial review of an IAD decision finding misrepresentation, rejecting H&C relief arguments, and certified a retroactivity question.

  • Misrepresentation (irpa s.40)
  • Residency obligation (irpa s.28)
  • Humanitarian and compassionate relief (s.67(1)(c), s.68(1))
  • Procedural fairness
  • Stays of removal
  • Retroactivity of legislative amendments
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Immigration 2025 FC 682

D'Souza v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a refused H&C application, finding the officer failed to properly weigh establishment and hardship evidence and relied on speculation.

  • Humanitarian and compassionate applications
  • Establishment factor
  • Hardship on return
  • Reasonableness review (vavilov)
  • Weighing of evidence
  • Humanitarian-and-compassionate-applications
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Immigration law 2025 FC 544

Shams v. Canada (Citizenship and Immigration)

Federal Court set aside a refusal of humanitarian and compassionate relief, finding the officer speculated about temporary options, used an improper exceptionality threshold, and inadequately assessed the children’s best interests.

  • Humanitarian and compassionate relief under s.25(1) irpa
  • Reasonableness standard of review (vavilov)
  • Best interests of the child
  • Temporary resident alternatives (super visa)
  • Exceptionality threshold in h&c assessments
  • Humanitarian-and-compassionate-relief
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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.