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Recent Decisions

2024-05-29T16:40:48+00:00May 29th, 2024|Tags: |

Algazal v. Canada (MCI) 2024 FC 753 In Algazal v. Canada (MCI) Justice Sadrehashemi examined the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant was a Libyan citizen who had resided in Canada for about 15 years. He had applied for permanent residence on H&C grounds, but the application was refused due to an Administrative Deferral of Removal (ADR) being ...

Recent Decisions

2024-05-21T21:51:35+00:00May 21st, 2024|Tags: |

Patel v. Canada (MCI) 2024 FC 711 In Patel v. Canada (MCI) Justice Régimbald examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant was an Indian citizen who resided in Gujarat. In 2017, the Applicant had aided a Muslim friend in securing a job at his father’s factory. Shortly after, the police had raided the factory and arrested the ...

Recent Decisions

2024-05-15T19:38:33+00:00May 15th, 2024|Tags: |

Collins v. Canada (MCI) 2024 FC 665 In Collins v. Canada (MCI) Justice Strickland examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant was a citizen of Nigeria who was seeking asylum due to risk of harm from her ex-husband. The Applicant alleged that her ex-husband had instructed members of the Black Axe cult to kill her for hampering ...

Recent Decisions

2024-05-13T15:32:07+00:00May 10th, 2024|Tags: |

Warsame v. Canada (MCI) 2024 FC 630 In Warsame v. Canada (MCI) Justice Go examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant had disclosed that he was a member of the Sheikhal clan in Somalia before the Refugee Protection Division (RPD). To corroborate his identity, the Applicant provided a sworn affidavit from an individual claiming to be his ...

Recent Decisions

2024-05-08T15:45:57+00:00May 8th, 2024|Tags: |

Canada (MPSEP) v. Canadian Association of Refugee Lawyers 2024 FCA 69 In Canada (MPSEP) v. Canadian Association of Refugee Lawyers Justices Laskin, Mactavish and Monaghan assessed the Respondent’s inadmissibility determination. The Respondent did not challenge that he was a member of an organization that engaged in espionage, nor did the Minister claim that the espionage carried out by said organization ...

Recent Decisions

2024-04-24T18:23:42+00:00April 24th, 2024|Tags: |

Toscano Rosales v. Canada (MCI) 2024 FC 553 In Toscano Rosales v. Canada (MCI) Justice Kane examined the Applicant’s Refugee Protection Division (RPD) decision. The Applicant’s father was appointed as sheriff in the Totonicapán region of Guatemala, where he worked with vulnerable youth to curb them from joining the Mara Salvatrucha 13 (MS-13). As a result of his father’s activism, ...

Recent Decisions

2024-04-18T15:18:25+00:00April 18th, 2024|Tags: |

De Oliveira v. Canada (MCI) 2024 FC 495 In De Oliveira v. Canada (MCI) Justice Fuhrer reviewed the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant had originally applied for permanent residence under the Spouse or Common-Law Partner in Canada class. However, due to the relationship breakdown, the Applicant requested that the application be considered on H&C grounds. The Officer ...

Recent Decisions

2024-04-10T18:18:00+00:00April 10th, 2024|Tags: |

Mvana c. Canada (MCI) 2024 CAF 49 In Mvana c. Canada (MCI) Justices de Montigny C.J., Boivin and Roussel JJ.A. assessed the Appellant’s Federal Court decision (2023 FC 329). The Federal Court had dismissed the Appellant’s judicial review of an Immigration Appeal Division (IAD) decision. The Federal Court had certified a question on the constitutionality of s.36(3)(a) of IRPA.  Section ...

Recent Decisions

2024-04-04T16:53:13+00:00April 1st, 2024|Tags: |

Cardenas Medina c. Canada (MCI) 2024 CF 388 In Cardenas Medina c. Canada (MCI) Justice Gascon examined the Applicants’ Refugee Appeal Division (RAD) decision. The Applicants (a husband, wife, and their minor children) sought asylum in Canada due to alleged risk of persecution in Columbia as a result of the wife’s anti-corruption activities. The Refugee Protection Division (RPD) refused the ...

Recent Decisions

2024-03-19T13:27:01+00:00March 19th, 2024|Tags: |

Nazhmetdinov v. Canada (MCI) 2024 FC 389 In Nazhmetdinov v. Canada (MCI) Justice Strickland examined the Applicant’s Pre-Removal Risk Assessment (PRRA) decision. The Applicant was an Uzbek, holding Russian citizenship, and a Muslim. He arrived in Canada in 2017, and sought asylum based on his ethnicity, political opinion, and anti-corruption activism. His refugee claim was refused, and the Applicant subsequently ...

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