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Immigration law 2020 FC 539

Lima v. Canada (Public Safety and Emergency Preparedness)

The Federal Court granted judicial review of an officer’s refusal to defer removal, finding the decision unreasonable for failing to properly weigh medical evidence and special circumstances.

  • Deferral of removal
  • Humanitarian and compassionate applications (s.25 irpa)
  • Reasonableness review (vavilov)
  • Medical considerations as special circumstances
  • Section 48 irpa
  • Stay of removal
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Immigration 2008 FC 1241

Dragomir v. Canada (Citizenship and Immigration)

Judicial review of an H&C refusal was allowed because the Visa Officer focused on refugee-style risk and failed to adequately assess the best interests of the Canadian child.

  • Humanitarian and compassionate applications (s.25 irpa)
  • Best interests of the child
  • Standard of review - reasonableness/manifestly unreasonable
  • Visa officer decision‑making
  • Remand for redetermination
  • Humanitarian-and-compassionate-applications
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Immigration law 2008 FC 720

Montivero v. Canada (Citizenship and Immigration)

The Federal Court dismissed an immigration judicial review, finding the officer gave adequate reasons and did not apply the wrong legal test to the H&C application.

  • Humanitarian and compassionate applications (s.25 irpa)
  • Personalized risk (ss.96-97 irpa)
  • Pre-removal risk assessment (prra)
  • Standard of review
  • Humanitarian-and-compassionate-applications
  • Procedural-fairness
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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.