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Canada Case Law

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Immigration law 2022 FC 635

Tekcan v. Canada (Citizenship and Immigration)

The Federal Court dismissed two judicial review applications, holding no fairness letter was required and the visa officer reasonably focused on the applicants’ business plan.

  • Self-employed class
  • Business plan assessment
  • Fairness letter
  • Reasonableness review
  • Procedural-fairness
  • Judicial-review
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Immigration law 2022 FC 358

Tian v. Canada (Citizenship and Immigration)

The Federal Court found the refusal of Lin Tian’s self-employed permanent residence application reasonable, holding his work was commercial rather than cultural.

  • Self-employed class
  • Permanent residence
  • Reasonableness review
  • Relevant experience in cultural activities
  • Language ability
  • Judicial-review
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Immigration 2022 FC 50

Kucukerman v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a refused self-employed class application, finding no procedural unfairness and no unreasonableness in the visa officer’s assessment.

  • Self-employed class
  • Procedural fairness
  • Reasonableness review
  • Business plan assessment
  • Procedural-fairness
  • Reasonableness-review
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Immigration law 2020 FC 980

Zhu v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a self-employed class refusal, finding the visa officer reasonably assessed the evidence and gave adequate reasons.

  • Self-employed class
  • Farm management experience
  • Reasonableness standard
  • Adequacy of reasons
  • Irpa and regulations s.88(1)
  • Judicial-review
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Immigration law 2019 FC 1175

Belen v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review, finding a procedural fairness breach in a self-employed class refusal where the officer gave no chance to answer specific concerns.

  • Self-employed class
  • Duty to afford procedural fairness
  • Remittal for redetermination
  • Procedural-fairness
  • Immigration-law
  • Judicial-review
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Immigration law 2019 FC 1069

Sun v. Canada (Citizenship and Immigration)

The Federal Court dismissed Ms. Sun’s judicial review of a self-employed class permanent residence refusal, finding the visa officer’s reasons and assessment reasonable.

  • Self-employed class
  • Permanent residence
  • Reasonableness review
  • Language proficiency
  • Business plan assessment
  • Immigration-law
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Immigration law 2004 FC 298

Namjoo v. Canada (Minister of Citizenship and Immigration)

Judicial review of a visa officer’s refusal of permanent residence in the entrepreneur class was dismissed; the Court found the decision reasonably open on the evidence.

  • Entrepreneur class
  • Self-employed class
  • Procedural fairness
  • Judicial review
  • Business immigration selection
  • Judicial-review
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Immigration law 2002 FCT 902

Afroogh v. Canada (Minister of Citizenship and Immigration)

The Federal Court dismissed judicial review of a visa officer’s refusal of a self-employed permanent residence application, finding no improper reliance on irrelevant factors.

  • Self-employed class
  • Visa refusal
  • Business plan assessment
  • Relevant and irrelevant considerations
  • Immigration-law
  • Judicial-review
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Immigration law 2001 FCT 28

Ni v. Canada (Minister of Citizenship and Immigration)

The Federal Court set aside a visa refusal after finding the officer relied on irrelevant factors in assessing the applicant’s self-employed application.

  • Self-employed class
  • Regulatory interpretation
  • Judicial review
  • Visa officer assessment discretion
  • S.11(3) discretion
  • Immigration-law
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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.