Our Team in the Media

Jacqueline Swaisland – Ethiopian spy eligible to apply for refugee status, court rules, despite agency’s targeting of dissidents abroad

April 16th, 2024|Tags: |

A former member of an Ethiopian spy agency that targeted that country’s journalists and dissidents abroad is eligible to apply for refugee status in Canada because his spy activities were “not contrary to Canada’s interests,” the Federal Court of Appeal has ruled. Medhanie Weldemariam, who ...

Warda Shazadi Meighen-Palestinians face red tape, delays in applications to come to Canada, families here say

February 9th, 2024|

The federal government is facing mounting criticism over an immigration program that’s meant to reunite Canadians and permanent residents with their relatives who are trapped in Gaza. People trying to bring their loved ones here, and the lawyers representing them, say the program is restrictive, ...

Warda Shazadi Meighen-Canada’s controversial ban on adoptions from several Muslim countries sparks court challenge

January 23rd, 2024|

A major challenge of Canada's ban on adoptions from several Muslim countries is set to play out in the Federal Court — a move some legal observers say wouldn't be necessary if the government wasn't upholding what they call a "discriminatory" policy. The case, which could be heard as early ...

Jacqueline Swaisland- The Supreme Court just reined in the scope of a Canadian security law. Refugee advocates are praising the ruling

September 28th, 2023|Tags: |

The Supreme Court of Canada has imposed a limit on the power of immigration officials and government tribunals to remove foreign nationals with no criminal convictions on security grounds. In a unanimous judgment released on Wednesday, the country’s highest court says if Canada is going to ...

Jacqueline Swaisland- SCC applies Vavilov standard of review framework; overturns FCA on immigration inadmissibility

September 28th, 2023|Tags: |

Applying the Vavilov standard of review framework, the Supreme Court of Canada has ruled 8-0 that non-citizens can be found inadmissible to Canada and deported under the s. 34(1)(e) “security grounds” provision of the Immigration and Refugee Protection Act (IRPA) only if the non-citizen’s alleged violent conduct had a ...

Erin Simpson-SCC rules Safe 3rd Country Agreement with U.S. doesn’t infringe asylum seekers’ Charter s. 7 rights

June 22nd, 2023|

The Supreme Court of Canada has ruled 8-0 that a regulatory provision designating the United States as a “safe third country” to which most asylum seekers arriving at the Canada-U.S. border can safely be returned to make their refugee claims is not ultra vires nor an infringement ...

Warda Shazadi Meighen – Suspend the US-Canada Safe Third Country Agreement to Restore Orderly Migration

March 15th, 2023|

Warda Shazadi Meighen is an immigration partner at Landings LLP and an adjunct professor of refugee law at the University of Toronto. Until 2004, when the Canada-US Safe Third Country Agreement was signed, asylum seekers could enter Canada in an orderly manner by presenting themselves at an ...

Jonathan Porter- Falling between the cracks of cornerstones: Challenging the detention of asylum seekers on identity grounds

March 14th, 2023|

Immigration detention on the grounds of identity is not novel in international law – many states reserve the right to detain foreign nationals where their identity is unknown. Canada’s Immigration and Refugee Protection Act (IRPA) permits Canada Border Services Agency (CBSA) to detain foreign nationals ...

Erin Simpson- They came to Canada, were in child protection, but never got legal immigration status. Now advocates are speaking up

March 7th, 2023|Tags: |

Raised by his great-grandmother in the Dominican Republic, Fili has few memories of his parents or his sister and two brothers, who were both murdered. When his only caregiver died, the young boy, then about 10, moved in with friends he met on the streets ...

Warda Shazadi Meighen – Alleged Chinese police stations indication of wider ‘bullying, intimidation’ tactics, experts say

January 9th, 2023|Tags: |

As allegations of five Chinese police stations located in Canada, including one in Vancouver, B.C., raise concerns of political interference, experts say the role of Chinese intelligence is far more widespread. Earlier this month, a friendship society in Richmond was visited by RCMP officers after ...

Warda Shazadi Meighen – Afghans who worked on Canadian-funded projects feel abandoned waiting for refuge in Pakistan

November 28th, 2022|Tags: |

A group of Afghans who worked on Canadian-funded projects intended to promote the rights of women and girls in Afghanistan say they are now stuck in neighbouring Pakistan and running out of money for food and rent, more than a year after they thought they would be ...

Recent Developments

Recent Decisions

June 10th, 2024|Tags: |

Odunoye v. Canada (MCI) 2024 FC 771 In Odunoye v. Canada (MCI) Justice Pentney examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant was a citizen from Nigeria and former art teacher in charge of a savings cooperative established to benefit school employees. Due ...

Recent Decisions

May 29th, 2024|Tags: |

Algazal v. Canada (MCI) 2024 FC 753 In Algazal v. Canada (MCI) Justice Sadrehashemi examined the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant was a Libyan citizen who had resided in Canada for about 15 years. He had applied for permanent residence on H&C ...

Recent Decisions

May 21st, 2024|Tags: |

Patel v. Canada (MCI) 2024 FC 711 In Patel v. Canada (MCI) Justice Régimbald examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant was an Indian citizen who resided in Gujarat. In 2017, the Applicant had aided a Muslim friend in securing a job ...

Recent Decisions

May 15th, 2024|Tags: |

Collins v. Canada (MCI) 2024 FC 665 In Collins v. Canada (MCI) Justice Strickland examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant was a citizen of Nigeria who was seeking asylum due to risk of harm from her ex-husband. The Applicant alleged that ...

Recent Decisions

May 10th, 2024|Tags: |

Warsame v. Canada (MCI) 2024 FC 630 In Warsame v. Canada (MCI) Justice Go examined the Applicant’s Refugee Appeal Division (RAD) decision. The Applicant had disclosed that he was a member of the Sheikhal clan in Somalia before the Refugee Protection Division (RPD). To corroborate ...

Recent Decisions

May 8th, 2024|Tags: |

Canada (MPSEP) v. Canadian Association of Refugee Lawyers 2024 FCA 69 In Canada (MPSEP) v. Canadian Association of Refugee Lawyers Justices Laskin, Mactavish and Monaghan assessed the Respondent’s inadmissibility determination. The Respondent did not challenge that he was a member of an organization that engaged ...

Recent Decisions

April 24th, 2024|Tags: |

Toscano Rosales v. Canada (MCI) 2024 FC 553 In Toscano Rosales v. Canada (MCI) Justice Kane examined the Applicant’s Refugee Protection Division (RPD) decision. The Applicant’s father was appointed as sheriff in the Totonicapán region of Guatemala, where he worked with vulnerable youth to curb ...

Recent Decisions

April 18th, 2024|Tags: |

De Oliveira v. Canada (MCI) 2024 FC 495 In De Oliveira v. Canada (MCI) Justice Fuhrer reviewed the Applicant’s Humanitarian and Compassionate (H&C) decision. The Applicant had originally applied for permanent residence under the Spouse or Common-Law Partner in Canada class. However, due to the ...

Recent Decisions

April 10th, 2024|Tags: |

Mvana c. Canada (MCI) 2024 CAF 49 In Mvana c. Canada (MCI) Justices de Montigny C.J., Boivin and Roussel JJ.A. assessed the Appellant’s Federal Court decision (2023 FC 329). The Federal Court had dismissed the Appellant’s judicial review of an Immigration Appeal Division (IAD) decision. ...

Recent Decisions

April 1st, 2024|Tags: |

Cardenas Medina c. Canada (MCI) 2024 CF 388 In Cardenas Medina c. Canada (MCI) Justice Gascon examined the Applicants’ Refugee Appeal Division (RAD) decision. The Applicants (a husband, wife, and their minor children) sought asylum in Canada due to alleged risk of persecution in Columbia ...

Recent Decisions

March 19th, 2024|Tags: |

Nazhmetdinov v. Canada (MCI) 2024 FC 389 In Nazhmetdinov v. Canada (MCI) Justice Strickland examined the Applicant’s Pre-Removal Risk Assessment (PRRA) decision. The Applicant was an Uzbek, holding Russian citizenship, and a Muslim. He arrived in Canada in 2017, and sought asylum based on his ...

Recent Decisions

March 11th, 2024|Tags: |

Al-Maflehi v. Canada (MCI) 2024 FC 297 In Al-Maflehi v. Canada (MCI) Justice Heneghan examined the Applicant’s inadmissibility finding pursuant to s. 34(1)(f) of IRPA. The Applicant was a citizen of Yemen who applied for permanent residence in Canada in 2015. The Applicant was interviewed, ...

Recent Decisions

February 27th, 2024|Tags: |

Kuka v. Canada (MCI) 2024 FC 209 In Kuka v. Canada (MCI) Justice Favel examined the Applicant’s refused Humanitarian and Compassionate (H&C) and Pre-Removal Risk Assessment (PRRA)  application decisions, made by the same Senior Immigration Officer.  The Applicant feared persecution from her and her ex-fiancé’s ...

Recent Decisions

February 23rd, 2024|Tags: |

Torres v. Canada (MPSEP) 2024 CanLII 7632 In Torres v. Canada (MPSEP) Justice Southcott examined the Applicant’s stay of removal request. The Applicant claimed asylum in Canada, in part due to his bisexual orientation. Unfortunately, the Refugee Protection Division (RPD) rejected his claim, finding that ...

Recent Decisions

February 13th, 2024|Tags: |

Munir v. Canada (MCI) 2024 FC 153 In Munir v. Canada (MCI) Justice Tsimberis assessed the Applicant’s Refugee Appeal Division (RAD) decision. The RAD determined that the Applicant failed to a) establish his bisexuality; b) that he was ever in a same-sex relationship; c) that ...

Recent Decisions

February 5th, 2024|Tags: |

Abdallah Elnour El Senoussi c. Canada (MCI) 2024 FC 74 In Abdallah Elnour El Senoussi c. Canada (MCI) Justice Pentney examined the Applicant’s cessation decision. The Applicant, a citizen of Chad, was granted refugee status in 2012 and secured permanent resident status in 2015. The ...