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 ...
Palagot v. Canada (MCI) 2023 FC 214 In Palagot v. Canada (MCI) Justice Petney examined the Refugee Protection Division’s (RPD) decision to refuse to re-opening the Applicant’s asylum claim. With the aid of a fraudulent consultant, the Applicant had initially sough asylum, but due to an incorrect address disclosed on the forms, the Applicant missed vital communication from the Immigration ...
Alajnf v. Canada (MCI) 2023 FC 151 In Alajnf v. Canada (MCI) Justice Norris examined the Office’s decision to refuse the Applicants’ Humanitarian and Compassionate (H&C) application due to lack of evidence of personalized hardship in Libya. On judicial review, Justice Norris found that the Officer had failed to take into consideration of whether the adverse country conditions in Libya ...
Zeng v. Canada (MCI) 2023 FC 75 In Zeng v. Canada (MCI) Justice Go examined the Applicants’ refused second refugee appeal redetermination decision. The Applicants had originally filed a claim for protection from the Chinese authorities based on the Principal Applicant’s (PA) identity as a Falun Gong practitioner. As proof of her allegations that the Chinse authorities were looking for ...
Tkabo v. Canada (MCI) 2023 FC 15 In Tkabo v. Canada (MCI), Justice Elliott examined both the Refugee Protection Division’s (RPD) and the Refugee Appeal Division’s (RAD) decisions to refuse the Applicant’s claim based on lack of credibility with respect to the Applicant’s identity. On judicial review, Justice Elliot found that the RAD failed to take into consideration several identity ...
Thind v. Canada (MCI) 2022 FC 1782 In Thind v. Canada (MCI), Justice Rochester examined both the Refugee Protection Division’s (RPD) and the Refugee Appeal Division’s (RAD) decisions to refuse the Applicant’s claim based on the exitance of a viable IFA. The RAD determined that the Applicant’s profile was not one of a vulnerable, single woman, who would face many ...
K.M. v. Canada (MCI), 2022 FC 1726 In K.M. v. Canada (MCI), Justice Strickland examined the Minister’s decision to refuse the Applicant’s Pre-Removal Risk Application (PRRA) due to lack of forward-looking risk. The Applicant originally made a successful refugee claim and became a permanent resident in 2010. However, due to the Applicant’s multiple trips to back to her country of ...
Thind v. Canada (MCI), 2022 FC 1644 In Thind v. Canada (MCI), Justice Ahmed assessed an Immigration Officer’s decision to refuse the Applicant’s Temporary Resident Permit (TRP) application on the grounds of lack of unique circumstances to overcome their inadmissibility. On judicial review, Justice Ahmed found the Officer’s decision unreasonable as it failed to properly consider pivotal evidence, resulting in ...
Brown v. Canada (MCI), 2022 FC 1607 In Brown v. Canada (MCI), Justice Sadrehashemi examined the Applicants’ refugee appeal refusal. At issue was whether the Refugee Protection Division (RPD) breached procedural fairness by drawing negative credibility inference from the Applicants’ inability to provide corroborative evidence. On judicial review, Justice Sadrehashemi found that an “omission should not be used to impugn ...