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The Federal Court found the RAD unreasonably upheld an internal flight alternative finding for a Mexican refugee claim and sent the matter back for redetermination.
The Federal Court dismissed judicial review of a refusal based on a durable-solution finding in South Africa, holding the officer’s decision was reasonable and Haile was distinguishable.
The Federal Court dismissed judicial review of a refused refugee-class permanent resident visa, finding the officer fairly assessed durable solution in South Africa and reasonably addressed the White Paper and country conditions.
Federal Court dismissed a mandamus application over refugee sponsorship processing, finding no prima facie unreasonable delay, but held IRCC must honour a new expedited-priority expectation.
The Federal Court dismissed judicial review of an immigration officer’s refusal of permanent residence in the Convention refugee abroad class, finding the decision reasonable.
The Federal Court granted judicial review of a refugee-resettlement refusal, finding the officer failed to meaningfully address the applicant’s evidence about safety and protection in South Africa.
Federal Court dismissed an application for judicial review of a visa officer’s refusal, finding it reasonable to conclude the applicant had a durable solution in Uzbekistan.
The RAD confirmed the RPD: the PSB summons contained numerous discrepancies and was found fraudulent, producing an adverse credibility finding that tainted the Appellant's core evidence; the Appellant failed to prove he would face a serious possibility of persecution in Argentina or be refouled to China; Argentina offers effective protection and due process; therefore Article 1E exclusion applies and the Appellant is not in need of protection, so the appeal is dismissed.
Source excerpt
The Appellants failed to rebut the presumption of adequate state protection in Hungary with clear and convincing evidence on a balance of probabilities; the proposed documentary material was not new evidence; therefore the RAD confirmed the RPD's finding that the Appellants are neither Convention refugees nor persons in need of protection and dismissed the appeal.
Source excerpt
La Cour fédérale a accueilli la demande de contrôle judiciaire, jugeant que le décideur avait manqué à l’équité procédurale en reprenant mot pour mot les observations de la partie ministérielle.
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