Gayle v. Canada (MCI) 2024 FC 29 In Gayle v. Canada (MCI) Justice Turley examined the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant was a Jamaican national who entered Canada in 2019 to help care for her daughter. The child’s father was deceased. In 2022, the Applicant submitted an H&C application, which was refused. On judicial review, Justice Turley ...
Porosh v. Canada (MCI) 2023 FC 1638 In Porosh v. Canada (MCI) Justice Go examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant sought asylum on the basis of alleged danger due to a land disputed between his family and a family who was part of Bangladesh’s ruling party. The Applicant also alleged that he was wanted, for arrest, ...
Taji v. Canada (MCI) 2023 FC 1587 In Taji v. Canada (MCI), Justice Norris examined the Applicant’s cessation decision. The Applicant was a citizen of Iran who had successfully claimed asylum in 2011 and obtained permanent residence in 2012. Shortly after obtaining permanent residence, the Applicant travelled to Iran eight times, usually staying several months at a time. During one ...
Abkarovicova v. Canada (MPSEP) 2023 FC 1546 In Abkarovicova v. Canada (MPSEP), Justice Southcott examined the Applicants’ vacation decision. The principal applicant (PA) and her children were citizens of Slovakia. At the time of the original refugee determination, all three children were minors. The Applicants were all granted refugee convention status in 2017. In the initial refugee intake with IRCC, ...
Canada (MPSEP) v. Ewen 2023 FCA 225 In Canada (MPSEP) v. Ewen, Justices de Montigny C.J., Goyette, and Heckman JJ.A. examined the Respondent’s rejected request for a deferral of removal. The Respondent had filed an application for leave of the negative decision, as well as a stay motion. At the stay hearing, the presiding Justice noticed that the Minister had ...
Maan v. Canada (MCI) 2023 FC 1434 In Maan v. Canada (MCI), Justice Rochester examined the Applicant’s Refugee Appeal Division (RAD) decision. The determinative issue for both the Refugee Protection Division (RPD) and the RAD was credibility. The Applicant had testified that she was released from prison, in India, by paying a “bribe.” Her father’s affidavit, in support of the ...
Edirimanna v. Canada (MCI) 2023 FC 1339 In Edirimanna v. Canada (MCI) Justice Turley reviewed the Applicant’s cessation decision. The Refugee Protection Division (RPD) had ceased his Convention refugee status on the grounds of reavailment. On judicial review, Justice Turley found that the RPD had failed to meaningfully engage with the Applicant’s stated purpose for returning to Sri Lanka when ...
Begum v. Canada (MCI) 2023 FC 1317 In Begum v. Canada (MCI) Justice Elliott reviewed the Applicant’s cessation decision. The Applicant was a Pakistani citizen who was granted refugee protection in 2012 based on her Ahmadi Muslim faith. In 2014 and 2018 the Applicant applied and received a Pakistani Passport which she used to make six trips to Pakistan between ...
Mason v. Canada (MCI) 2023 SCC 21 In Mason v. Canada (MCI), Justice Wagner C.J., Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, and O’Bonsawin J.J. explored the statutory interpretation of provisions under s.34(1)(e) of IRPA. Under this provision, permanent residents and foreign nationals are found inadmissible to Canada on “security grounds” for “engaging in acts of violence that would or might ...
Anvar v. Canada (MCI) 2023 FC 1194 In Anvar v. Canada (MCI), Justice Go examined the Applicant’s cessation decision. The Applicant was found to be a convention refugee in 2005 and resettled in Canada in 2006. In 2022, the Refugee Protection Division (RPD) had found that the Applicant had voluntarily reavailed himself as he had applied and received three Afghan ...