Case Law

Latest documents

  • Ho v. Canada (Citizenship and Immigration), 2024 FC 585

    [1] The Applicant, Thanh Phong Ho [Applicant] seeks judicial review of a decision by an immigration officer [officer] dated November 12, 2022, which had refused the application for permanent residence under the Spouse and Common-Law family class category [Decision].

  • Canada (Public Safety and Emergency Preparedness) v. Yihdego, 2024 FCA 70

    [1] Abel Nahusenay Yihdego was found to be inadmissible to Canada pursuant to paragraphs 34(1)(a) and (f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA) for being a member of an organization for which there are reasonable grounds to believe had engaged in espionage. These provisions make permanent residents and foreign nationals inadmissible to Canada on security grounds if they are members of an organization for which there are reasonable grounds to believe engages, has engaged or will engage in espionage “against Canada or that is contrary to Canada’s interests”.

  • Rahman v. Canada (Citizenship and Immigration), 2024 FC 582

    [1] This is the judicial review of a decision of the Refugee Appeal Division [RAD] confirming the decision of the Refugee Protection Division [RPD] that Mr. Sabbir Rahman [Applicant] is neither a Convention refugee nor a person in need of protection.

  • Canada (Public Safety and Emergency Preparedness) v. Canadian Association of Refugee Lawyers, 2024 FCA 69

    [1] In accordance with paragraphs 34(1)(a) and (f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), permanent residents and foreign nationals are inadmissible to Canada on security grounds if they are members of an organization that there are reasonable grounds to believe engages, has engaged or will engage in espionage “against Canada or that is contrary to Canada’s interests”.

  • Shot Both Sides v. Canada, 2024 SCC 12

    [1]                             Treaties between the Crown and Indigenous peoples are fundamental to Canada’s history and constitutional landscape. The promises and obligations enshrined in these fundamental agreements reflect a lasting commitment to maintaining a just relationship between the Crown and Indigenous peoples and were intended to be honoured by the Crown “so long as the sun rises and the river flows” (Royal Commission on Aboriginal Peoples, Report of the Royal Commission on Aboriginal Peoples, vol. 2, Restructuring the Relationship (1996), at pp. 18-19, citing R. v. Secretary of State for Foreign and Commonwealth Affairs, [1982] 2 All E.R. 118 (C.A.), at p. 124, per Lord Denning).

  • Tapambwa v. Canada (Citizenship and Immigration), 2024 FC 577

    [1] This is an application for judicial review of a decision of a delegate of the Minister of Citizenship and Immigration [Delegate] dated November 15, 2022 [Decision], refusing the Applicants’ application for Canadian citizenship pursuant to subsection 5(4) of the Citizenship Act, RSC 1985, c C-29 [Act].

  • Jahanian v. Canada (Citizenship and Immigration), 2024 FC 581

    [1] Nanzanin Jahanian, a citizen of Iran, applied for a study permit after Université Laval accepted her into a Master of Arts program specializing in educational technology. Her husband, Alireza Haghtalab, wished to accompany her to Canada so he applied for an open work permit. Both applications were refused by a visa officer with Immigration, Refugees and Citizenship Canada (IRCC) because the officer was not satisfied that they would leave Canada at the end of their authorized stay.

  • Vermillion Networks Inc. v. Green Circle Ideas Inc., 2024 FC 579

    [1] The Respondent, Green Circle Ideas Inc., seeks an order pursuant to Rule 167 of the Federal Courts Rules [Rules], dismissing the underlying Notice of Application [Application] for delay. The Application, filed on April 25, 2017, is brought under Sections 18, 55, 57 and 58 of the Trademarks Act, RSC 1985, c T-13 and Rule 300(b) of the Rules.

  • Angulo v. Canada (Public Safety and Emergency Preparedness), 2024 FC 580

    [1] Liceth Nathalia Salazar Angulo [Applicant] filed a motion appealing a decision of Associate Judge Kathleen Ring pursuant to Rules 8 and 51 of the Federal Courts Rules, SOR/98-106. The Respondent is the Minister of Public Safety and Emergency Preparedness [Respondent].

  • Walcott v. Public Service Alliance of Canada, 2024 FCA 68

    [1] The applicant, Victor Walcott, seeks judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board (Board): 2023 FPSLREB 54. The Board summarily dismissed the applicant’s complaint that his former union, the Public Service Alliance of Canada, had failed in its duty of fair representation, under section 187 of the Federal Public Sector Labour Relations Act, S.C. 2003, c. 22, s. 2, in relation to his 1997 termination grievance. The applicant argues that the Board’s process was unfair and that its decision was unreasonable.

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