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Immigration law 2022 FC 1036

Siliadin v. Canada (Citizenship and Immigration)

The Federal Court dismissed two judicial review applications challenging refusals of humanitarian and compassionate permanent residence applications for two children sponsored by their father.

  • Best interests of the child
  • Humanitarian and compassionate application (s.25 irpa)
  • Sponsorship and family reunification
  • Standard of review — reasonableness
  • Disclosure obligations under irpr (para 117(9)(d))
  • Best-interests-of-the-child
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Immigration law 2020 FC 581

Kim v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of an H&C refusal, finding the officer applied an overly strict hardship lens and unreasonably discounted key evidence.

  • Humanitarian and compassionate application (s.25 irpa)
  • Standard of review - reasonableness
  • Treatment and admissibility of evidence
  • Country conditions and discrimination
  • Certification of question
  • Humanitarian-and-compassionate-relief
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Immigration law 2016 FC 1422

Ikeji v. Canada (Citizenship and Immigration)

The Federal Court upheld a negative PRRA and H&C refusal, finding the officer’s credibility and evidence assessments reasonable and no oral hearing was required.

  • Pre-removal risk assessment (prra)
  • Humanitarian and compassionate application (s.25 irpa)
  • Credibility assessment
  • Standard of review
  • Best interests of the child
  • Evidence sufficiency
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Immigration law 2013 FC 998

Martinez Hoyos v. Canada (Citizenship and Immigration)

The Federal Court dismissed an H&C judicial review, holding the officer reasonably treated a 19-year-old as outside the child analysis, and gave adequate reasons.

  • Humanitarian and compassionate application (s.25 irpa)
  • Best interests of the child (bioc)
  • Standard of review (reasonableness vs correctness)
  • Certification of question under s.74 irpa
  • Adequacy of administrative reasons
  • Humanitarian-compassionate-application
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Immigration law 2012 FC 435

Roy Doman v. Canada (Public Safety)

The Federal Court dismissed a judicial review of a CBSA deferral refusal, finding the officer reasonably considered the son’s interests, the pending H&C application, and the applicant’s hardship.

  • Deferral of removal
  • Humanitarian and compassionate application (s.25 irpa)
  • Best interests of child
  • Standard of review — reasonableness
  • Pre-removal risk assessment (prra)
  • Deferral-of-removal
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Immigration law 2011 FC 1428

Jin v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed judicial review of a CBSA officer’s refusal to defer removal, finding the business-liquidation argument moot and the pending H&C application insufficient.

  • Deferral of removal
  • Humanitarian and compassionate application (s.25 irpa)
  • Reasonableness review (dunsmuir)
  • Mootness
  • Officer discretion limits
  • Deferral-of-removal
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Immigration law 2011 FC 1430

Baboolall v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed judicial review of a removals officer’s refusal to defer Ms. Baboolall’s removal pending H&C and TRP applications.

  • Deferral of removal
  • Humanitarian and compassionate application (s.25 irpa)
  • Temporary resident permit
  • Reasonableness review (dunsmuir)
  • Best interests of the child
  • Deferral-of-removal
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Immigration 2009 FC 461

Gillani v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of an H&C refusal, finding the officer misapplied the hardship analysis, ignored key evidence, and made speculative findings.

  • Humanitarian and compassionate application (s.25 irpa)
  • State protection effectiveness
  • Standard of review
  • Assessment of establishment and family ties
  • Judicial review relief and remedies
  • 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.