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Immigration law 2024 FC 2010

Shabaz Bhatti v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a RAD decision, holding that adverse credibility findings were reasonable and that the applicant failed to establish refugee protection claims.

  • Credibility findings
  • Convention refugee status
  • Person in need of protection (s 97)
  • Country conditions
  • State protection
  • Misrepresentation in visa applications
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Immigration 2021 FC 685

Zhou v. Canada (Citizenship and Immigration)

The Federal Court dismissed a judicial review of a Refugee Appeal Division decision, holding that credibility findings about religious membership and supporting evidence were reasonable.

  • Credibility assessment
  • Religious persecution
  • Sur place claim
  • Standard of review (reasonableness)
  • Weight of corroborative evidence
  • Credibility-assessment
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Immigration law 2020 FC 563

Keqaj v. Canada (Citizenship and Immigration)

The Federal Court denied judicial review of a Refugee Appeal Division decision upholding an adverse credibility finding against the applicant.

  • Standard of review
  • Credibility findings
  • Fraudulent documents
  • Forensic evidence
  • Rad v rpd powers
  • Adverse inference
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Immigration TB7-08185

TB7-08185

RAD set aside the RPD decision because the RPD erred in making adverse credibility findings based on omissions and the alleged convoluted testimony, failed to adequately weigh and explain rejection of corroborating documentary evidence, and after admitting proper new evidence and giving the Appellant the benefit of the doubt (in light of corroboration and a psychotherapist report) found on the record that the Appellant is a Convention refugee and faces a serious possibility of persecution in the Bahamas with no viable state protection or internal flight alternative.

  • Convention refugee
  • Credibility assessment
  • Admissibility of new evidence
  • Sexual orientation persecution
  • Internal flight alternative
  • Weight of corroborative evidence
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Immigration law 2011 FC 387

John v. Canada (Citizenship and Immigration)

The Federal Court set aside a Refugee Protection Division decision that discounted psychological evidence and failed to account for trauma when assessing credibility.

  • Credibility findings
  • Expert psychological evidence (ptsd)
  • Gender guidelines (guideline 4)
  • Remittal for redetermination
  • Weight of corroborative evidence
  • Credibility-findings
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Immigration law 2009 FC 234

Elezaj v. Canada (Citizenship and Immigration)

Federal Court dismissed an Albanian asylum seeker’s judicial review, holding the Refugee Protection Division’s negative credibility findings and fairness assessment were reasonable.

  • Credibility assessment
  • Procedural fairness (translation/interpreter)
  • Judicial review standard of review
  • Certification of questions
  • Weight of corroborative evidence
  • Judicial-review
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Immigration law 2008 FC 394

A.B. v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of a PRRA decision, finding the officer erred by summarily discounting corroborative letters without adequate inquiry.

  • Pre-removal risk assessment
  • Credibility findings
  • Standard of review (dunsmuir)
  • Weight of corroborative evidence
  • Procedural fairness
  • Remittal and sealing of court file
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Immigration 2004 FC 1420

Manlapaz v. Canada (Minister of Citizenship and Immigration)

Judicial review of a refugee decision was dismissed. The Court held the Board’s credibility findings and Manila internal flight alternative finding were reasonably open to it.

  • Internal flight alternative
  • Credibility assessment
  • Standard of review
  • Weight of corroborative evidence
  • Patently unreasonable
  • 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.