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 ...
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 ...