Sharma v. Canada (MCI) 2023 FC 1034 In Sharma v. Canada (MCI), Justice Aylen assessed the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant originally sought asylum in Canada based on fear of persecution by a Hindu-nationalist paramilitary organization, the Rashtriya Sangh [RSS] and the police. The Refugee Protection Division (RPD) denied the claim, and the RAD dismissed the appeal ...
Li v. Canada (MCI) 2023 FC 957 In Li v. Canada (MCI) Justice Manson examined the Applicant’s Pre-Removal Risk Assessment (PRRA) decision. The Applicant had originally entered Canada in 2016, along with his father, and sought asylum based on persecution by the Chinese authorities for being followers of the Church of the Almighty God. The claim was refused on credibility ...
Brzezinski v. Canada (MCI) 2023 FC 936 In Brzezinski v. Canada (MCI), Justice Strickland examined the Applicants’ Refugee Appeal Division (RAD) refusal. The Applicants had claimed refugee protection on grounds of feared persecution in Poland due to their Roma identity. The RPD had rejected their claim due the availability of state protection. At the RAD, the Applicants attempted to submit ...
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 ...