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Canada decisions
Decisions matching the current search
The Federal Court allowed judicial review of a refugee cessation decision, finding the RPD unreasonably assessed whether the reasons for protection had ceased to exist.
The Federal Court allowed judicial review of a removal-deferral refusal, finding the officer misread and selectively dismissed a personalized expert risk report.
The Federal Court granted judicial review, finding the RAD failed to assess the male applicant’s specific risk under China’s family planning policy.
The Federal Court dismissed judicial review of a PRRA refusal, finding the officer reasonably assessed the evidence and the applicant failed to prove a personalized risk on return to Haiti.
The Appellant is not excluded under Article 1E because there was insufficient evidence that he could, by reasonable means, have acquired permanent resident status in Brazil through family reunification; however, on the merits under section 97 IRPA the Appellant failed to prove, on a balance of probabilities, a personalized prospective risk of harm in Haiti beyond the generalized country‑wide risk, so the appeal is dismissed and the RPD decision denying refugee protection and protection claim is upheld.
Source excerpt
The appeal is dismissed because the RPD's adverse credibility findings—based on material omissions from the Basis of Claim, internal inconsistencies between testimony and sworn documents, and unsupported explanations—were correct on independent review; the new evidence was inadmissible under s.110(4) IRPA and therefore could not cure credibility defects, and absent credible evidence the appellant did not establish a serious possibility of persecution or a forward‑looking risk under ss.96/97 IRPA.
Source excerpt
Federal Court dismissed judicial review of an RPD decision, finding the adverse credibility findings and assessment of personalized risk under s. 97 IRPA were reasonable.
The Federal Court dismissed judicial review of an RPD decision, finding the applicant had not shown a personal risk under section 97 of the IRPA.
The Federal Court dismissed a judicial review of a PRRA refusal, holding the applicant had not shown new, personalized risk or changed circumstances since the RPD decision.
La Cour fédérale a annulé la décision de la Section de la protection des réfugiés, jugeant insuffisante l’analyse de l’IFA et du risque personnel allégué.
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