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The Federal Court dismissed a judicial review of a RAD refugee decision, finding the FIR and related documents not genuine, and no procedural fairness breach.
The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.
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The Federal Court dismissed judicial review of an RPD decision finding a refugee claim manifestly unfounded, holding the credibility-based decision was reasonable.
The Federal Court dismissed judicial review of a CBSA officer’s refusal to defer removal to Ghana, finding the decision reasonable on risk, mental health, and spousal sponsorship grounds.
On appeal from sexual assault and bail-breach convictions, the court dismissed the ineffective-assistance challenge, but corrected a pretrial credit error and granted 13 additional days.
The Federal Court granted judicial review, finding the RAD unreasonably refused the applicant’s sister’s affidavit as new evidence and remitted the matter for redetermination.
Claimant is entitled to time-limited compensatory spousal support because she sacrificed greater earning potential to work in the family restaurant and lost salary on separation; respondent's disability claim lacks causal connection and sufficient evidence and is undermined by investigator evidence, so non-compensatory support is denied; two years' duration is sufficient and a retroactive lump-sum of $22,750 (after tax-benefit discount) is appropriate; property division is resolved by transferring claimant's PRG shares and her shareholder loan to respondent, claimant retaining the TD savings…
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Appeal dismissed: trial judge's factual findings and credibility assessments were supported by the evidence and not palpably overriding; Ndax met any applicable standard of care by providing multiple warnings, personal inquiries and independent risk analysis, and appellant failed to prove causation; fresh evidence excluded for lack of due diligence and lack of material bearing on decisive issues.
Source excerpt
The Federal Court dismissed judicial review, finding the RAD reasonably upheld an internal flight alternative in Mérida and reasonably assessed credibility issues.
The Federal Court dismissed judicial review of a refused H&C application, finding the officer reasonably weighed establishment, hardship, and prior credibility findings.
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