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Immigration law 2025 FC 1920

Castillejo v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a RAD decision, holding it reasonable to reject speculative links between a Philippines murder and Pakistani extremists.

  • Judicial review
  • Standard of review
  • Country conditions
  • Refugee claim assessment
  • Credibility and evidentiary sufficiency
  • Judicial-review
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Immigration law 2024 FC 288

Kumar v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a RAD refugee decision, finding no procedural fairness breach and no unreasonableness in the Mumbai and Bengaluru internal flight alternative findings.

  • Internal flight alternative
  • Procedural fairness
  • Standard of review - reasonableness
  • Credibility and evidentiary sufficiency
  • Convention refugee and person in need of protection
  • Internal-flight-alternative
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Immigration law 2023 FC 259

Varatharajan v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding no unreasonableness in its refusal of protection under s. 97 of the IRPA.

  • Convention refugee
  • Person in need of protection
  • Lawful sanctions exception s.97(1)(b)(iii)
  • Credibility and evidentiary sufficiency
  • Standard of review - reasonableness
  • Country conditions
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Immigration law 2022 FC 1668

X v. Canada (Immigration, Refugees and Citizenship)

Federal Court dismissed judicial review of a Refugee Appeal Division decision, holding the applicants failed to show the internal flight alternative finding was unreasonable.

  • Internal flight alternative
  • Reasonableness review
  • Credibility and evidentiary sufficiency
  • Convention refugee determination
  • Country condition evidence
  • Internal-flight-alternative
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Immigration law 2021 FC 754

Hamud v. Canada (Citizenship and Immigration)

The Federal Court denied judicial review of a refusal based on serious criminality inadmissibility, finding the process fair and the decision reasonable.

  • Inadmissibility
  • Procedural fairness
  • Serious criminality
  • Standard of review (reasonableness)
  • Credibility and evidentiary sufficiency
  • Procedural-fairness
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Immigration law MC0-10945

MC0-10945

The RAD allowed the appeal, finding on the balance of probabilities that the threats and attempted kidnapping were linked to the brother-in-law's whistleblowing activities, creating an imputed political opinion nexus; because the persecutors are likely connected to state agents, state protection and a viable internal flight alternative are unavailable, and therefore the appellants are Convention refugees.

  • Convention refugee
  • Imputed political opinion
  • Gender-based persecution
  • State protection
  • Internal flight alternative
  • Credibility and evidentiary sufficiency
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Immigration law 2020 FC 886

Cilius v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding the applicant had not shown a personalized risk under section 97 of the IRPA.

  • Judicial review
  • Standard of review — reasonableness
  • Risk assessment under section 97 of the immigration and refugee protection act
  • Credibility and evidentiary sufficiency
  • Judicial-review
  • Reasonableness-review
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Immigration 2020 FC 639

Fernando v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a Refugee Appeal Division decision finding a viable internal flight alternative in Kandy, Sri Lanka.

  • Internal flight alternative
  • Standard of review
  • Credibility and evidentiary sufficiency
  • Convention refugee
  • Person in need of protection
  • Internal-flight-alternative
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Immigration law 2015 FC 1068

Ibabu v. Canada (Citizenship and Immigration)

Federal Court dismissed judicial review of an H&C refusal, finding no procedural fairness breach, no reviewable factual error, and a reasonable BIOC analysis.

  • Humanitarian and compassionate exemption (s.25 irpa)
  • Best interests of the child
  • Procedural fairness and oral hearing
  • Standard of review (correctness vs reasonableness)
  • Credibility and evidentiary sufficiency
  • Adverse country conditions and risk assessment
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Tax law 2015 TCC 151

Montemarano v. The Queen

The court found the appellant credible and accepted his evidence and supporting documents that he intended the property to be his primary place of residence at the time he became liable under the purchase agreement and that he occupied the property from January to July 2011; accordingly he satisfied the statutory conditions for the federal and Ontario new housing rebates and the assessment was set aside and referred back for reconsideration and reassessment.

  • New housing rebate
  • Primary place of residence
  • Rebate assignment
  • Credibility and evidentiary sufficiency
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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.