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Canada Case Law

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Immigration law 2021 FC 549

Alvarenga Torres v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a Refugee Appeal Division decision, upholding credibility findings and finding no procedural unfairness.

  • Judicial review
  • Refugee appeal division powers
  • Credibility findings
  • Procedural fairness
  • Statutory interpretation
  • Judicial-review
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Immigration law 2020 FC 1063

Bouchra v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review, finding the RAD breached procedural fairness by relying on new credibility reasoning without notice or submissions.

  • Credibility findings
  • Judicial review
  • Notice of new issues
  • Refugee appeal division powers
  • Remittal
  • Procedural-fairness
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Immigration law 2016 FC 1142

Okechukwu v. Canada (Citizenship and Immigration)

Judicial review of a RAD refugee decision was dismissed. The Court upheld the finding that the applicants had viable internal flight alternatives in Nigeria.

  • Internal flight alternative
  • Credibility findings
  • Standard of review
  • Refugee appeal division powers
  • Irpa s111 interpretation
  • Internal-flight-alternative
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Immigration law 2014 FC 1245

Bahta v. Canada (Citizenship and Immigration)

The Federal Court held the Refugee Appeal Division used the wrong review approach and unreasonably refused a community letter relevant to identity, remitting the matter back to the RAD.

  • Identity documents
  • Credibility
  • Standard of review
  • Refugee appeal division powers
  • Admission of fresh evidence
  • Procedural fairness
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Immigration law 2014 FC 1022

Singh v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review, holding that the RAD unreasonably applied the Raza framework to subsection 110(4) evidence admissibility and remitted the matter.

  • Admissibility of fresh evidence
  • Standard of review
  • Refugee appeal division powers
  • Credibility findings
  • Identity verification
  • Judicial-review
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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.