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Federal Court allowed judicial review, set aside a misrepresentation refusal, and remitted the permanent residence and temporary resident permit applications for redetermination.
The Federal Court dismissed judicial review of a temporary resident permit refusal, finding the officer considered the family evidence and no procedural fairness breach occurred.
The Federal Court dismissed judicial review of CBSA’s refusal to defer the applicant’s removal, finding the TRP request untimely and the decision reasonable.
The Federal Court dismissed judicial review of a refused TRP and work permit, finding the officer’s reasons adequate and the decision reasonable.
Federal Court upheld an IRCC refusal of a temporary resident permit, finding the officer reasonably addressed the applicant’s circumstances and evidence.
The Federal Court allowed judicial review of a removal deferral refusal, finding the officer failed to meaningfully address the young child’s short-term best interests.
Federal Court allowed judicial review of an H&C refusal, finding the officer unreasonably required the applicant to show exceptional circumstances.
GAC owed a public legal duty to assess expressions of interest submitted to the designated GAC mailbox prior to the Policy cap being reached; the applicant satisfied the Apotex mandamus test (demand, reasonable time, express/implied refusal through unreasonable delay, lack of adequate alternative remedy and practical effect), so mandamus was warranted to compel GAC to process the August 3, 2021 expression of interest within 30 days and, if referred, to compel IRCC to process the referral and any subsequent application within 30 days each; to render the remedy effective the Court directed that…
Source excerpt
The Federal Court granted judicial review of a refused Temporary Resident Permit application, finding the officer unreasonably ignored ongoing coercive control and failed to assess broader TRP factors.
The Federal Court granted judicial review of a study permit refusal, finding the visa officer unreasonably failed to address evidence of the applicant’s family ties in Iran.
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