Obazughanmwen v. Canada (MPSEP) 2023 FCA 151 In Obazughanmwen v. Canada (MPSEP), Justices Gleason, Pelletier, and de Montigny, examined the Appellant’s Federal Court referrals, which the Appellant argued should be set aside and returned for reconsideration for more in depth consideration of the Humanitarian and Compassionate (H&C) and Best Interest of the Child (BIOC) factors. The Appellant was a permanent ...
Abbas v. Canada (MCI) 2023 FC 871 In Abbas v. Canada (MCI) Justice Walker assessed the Applicant’s Refugee Protection Division (RPD) cessation decision. The Applicant was a journalist from Pakistan who had penned critical pieces of President Musharraf’s regime. He fled Pakistan in 2002 and became a permanent resident of Canada in 2009. After President Musharraf resigned in 2008, the ...
Nguyen v. Canada (MCI) 2023 FC 845 In Nguyen v. Canada (MCI) Justice Southcott examined the Applicant’s Refugee Appeal Division (RAD) refusal. The Applicant was a citizen of Vietnam who had claimed asylum in Canada based on persecution due to his support of human rights organizations. Unfortunately, his claim was not successful, with the RAD dismissing the Applicant’s appeal as ...
Canadian Council for Refugees v. Canada (MCI) 2023 SCC 17 In Canadian Council for Refugees v. Canada (MCI) Justices Kaiser, Wagner, Karakatsanis, Côté, Rowe, Martin, Jamal and O'Bonsawin JJ examined the constitutionality of legislative provisions implementing the Safe Third Country Agreement (STCA). The STCA is under effect in Canadian law through IRPA, s.101(1)(e). Under this regulation, refugee claimants are ineligible ...
Singh v. Canada (MPSEP) 2023 FC 743 In Singh v. Canada (MPSEP) Justice Gascon reviewed the Applicant’s Refugee Appeal Division (RAD) refusal. On judicial review, Justice Gascon found that due to the incompetence of the Applicant’s former counsel, there was a miscarriage of justice that amounted to a violation of procedural fairness. The Court outlined the tripartite test that was ...
Khan v. Canada (MCI) 2023 FC 727 In Khan v. Canada (MCI), Justice O’Reilly examined the Officer’s decision to refuse the Applicant’s humanitarian and compassionate (H&C) application. The Applicant was a citizen of Afghanistan, who fled the country fearing persecution due to being a member of an ethnic minority, the Kochi. He originally travelled to Brazil, and then entered the ...
Adair v. Canada (MCI) 2023 FC 342 In Adair v. Canada (MCI) Justice Rochester examined the Officer’s decision to refuse the Applicants’ sponsorship application due to the Principal Applicant (PA) not meeting the definition of a member of the family class. The PA originally arrived from St. Vincent to Canada in 2000 but was without status by 2002. In 2006 ...
Tofa v. Canada (MCI) 2023 FC 135 In Tofa v. Canada (MCI) Justice Mosley examined the Refugee Appeal Division’s (RAD) decision to refuse the Applicants’ asylum appeal, upholding the RPD’s decision that there were significant discrepancies and inconsistencies in the Applicants’ testimony and evidence. The Applicants were citizens of Bangladesh, who fled the country as they feared persecution from the ...
Gopalakrishnan v. Canada (MCI) 2023 FC 277 In Gopalakrishnan v. Canada (MCI) Justice Ahmed examined the Refugee Appeal Division’s (RAD) decision to dismiss the Applicants’ appeal on the grounds of viable internal flight alternatives (IFA) existing in Bangalore or Mumbai. The Applicants had sought asylum on the grounds of threats, and fear of persecution from the CEO of a business ...
Figarola Ahumada v. Canada (MCI) 2023 FC 246 In Figarola Ahumada v. Canada (MCI) Justice Brown examined the Refugee Appeal Division’s (RAD) decision to refuse the Applicants’ appeal due to credibility findings. The Applicants had initially sought asylum in Canada on the basis of feared persecution from the Principal Applicant’s (PA) ex-partner, a member of the Los Zetas Cartel. On ...