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  • Jeffrey v. Canada (Minister of Public Safety and Emergency Preparedness), 2019 FC 1180

    [1]  This case concerns the degree of disclosure that must be provided to someone who has been provided an opportunity to make written submissions explaining why an inadmissibility report under subsection 44(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] should not be made against him.

  • Bangladesh v. Canada (Attorney General), 2019 FC 1177

    [1]  In 1996, Mr Nur Chowdhury and his wife, citizens of Bangladesh, were granted visitor status in Canada. Soon thereafter, they applied for refugee protection.

  • Kinghorne v. Canada (Attorney General), 2019 FC 1183

    [1]  Shawn Kinghorne seeks judicial review of a decision of the Grand Manan Harbour Authority [Harbour Authority] to restrict access to White Head Harbour on the first day of the 2016 lobster fishing season [Access Policy]. The Harbour Authority made the decision pursuant to its power delegated by the Minister of Fisheries and Oceans [Minister] under the Fishing and Recreational Harbours...

  • Amadi v. Canada (Citizenship and Immigration), 2019 FC 1166

    [1]  The Applicants, a family of four, seek judicial review of the decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board, dated January 9, 2019. The RAD dismissed the Applicants’ appeal of the decision of the Refugee Protection Division [RPD] which had denied their claim for refugee protection under sections 96 and 97 of the Immigration and Refugee Protection...

  • Fray v. Canada (Citizenship and Immigration), 2019 FC 1159

    [1]  This is an application for judicial review of the decision of an Officer [the Officer] of Immigration, Refugees and Citizenship Canada [IRCC], dated November 9, 2018 [the Decision], in which the Officer denied the Applicant permanent residence on the basis that the Officer was not satisfied that she is a member of the spouse or common-law partner in Canada class or that she met the...

  • Ikheloa v. Canada (Citizenship and Immigration), 2019 FC 1161

    [1]  The Applicants seek judicial review of a December 14, 2018 decision made by a member of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board of Canada [the Decision], upholding the December 21, 2017 decision of a member of the Refugee Protection Division [RPD], finding that the Applicants were not Convention refugees or persons in need of protection within the meaning

  • Canada (Public Safety and Emergency Preparedness) v. Sharafaldin, 2019 FC 1168

    [1]  The Minister seeks judicial review of the decision of the Refugee Protection Division [RPD] to postpone Mr. Sharafaldin’s cessation hearing. I am dismissing this application given the exceptional circumstances of this case.

  • Damian v. Canada (Citizenship and Immigration), 2019 FC 1158

    [1]  A child who is brought to Canada by a parent cannot be faulted for remaining in Canada without legal status as a child. If that child, grown to adulthood, applies for permanent residence, it is unreasonable for an immigration officer to hold it against them that the time they spent in Canada during their childhood resulted from a disregard of immigration law.

  • Bashir Abdi Mohamed v. Canada (Citizenship and Immigration), 2019 FC 1165

    [1]  Mr. Bashir Abdi Mohamed (the “Applicant”) seeks judicial review of two decisions made pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c.27 (the “Act”).

  • Qui v. Canada (Citizenship and Immigration), 2019 FC 1162

    [1]  Yang Qui (the Principal Applicant, or PA) and her husband, Dinan Fei, applied for permanent residence under the Ontario Immigrant Nominee Program, and were initially approved by the province. However, the PA’s application was turned down by, the Immigration Officer who analyzed her file, because she did not provide the required background information that had been requested by the...

  • Highlands Fuel Delivery G.P. v. Canada, 2019 FC 1163

    [1]  The Plaintiff, Highlands Fuel Delivery G.P. (“Highlands”), applied for refunds of excise tax under section 68.19 of the Excise Tax Act, RSC 1985, c E-15 (“ETA”) relating to the fuel it sold to the Province of New Brunswick.  The Minister of National Revenue (“Minister”) initially refused the refunds on the basis that the exception in subsection 68.19(2) of the ETA applied.  This...

  • Tobias v. Canada (Citizenship and Immigration), 2019 FC 1167

    [1]  The Applicants are a mother [the Applicant] and her minor son [the Minor Applicant], both citizens of El Salvador. They allege fear of persecution by the Mara 18 gang due to an incident involving the gang in 2016 in which the Applicant states she was held captive for a period, raped, and threatened before being released. They also allege fear of persecution at the hands of the...

  • Shah v. Canada (Immigration, Refugees and Citizenship), 2019 FC 1153

    [1]  The Applicant, Pritam Singh Shah, seeks judicial review of the decision of an Immigration Officer [the Officer], dated November 15, 2018, which refused his Application for Permanent Residence from within Canada on Humanitarian and Compassionate [H&C] grounds, pursuant to section 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [the Act].

  • Al Hasan v. Canada (Citizenship and Immigration), 2019 FC 1155

    [1]  The applicants seek judicial review of the decision of a visa officer in Lebanon who rejected their application for permanent residence as refugees or as members of the country of asylum class. They allege that the officer made unreasonable credibility findings, failed to interview the child applicant and disregarded the objective risk the applicants are facing in Syria, their country...

  • Khadra v. Canada (Citizenship and Immigration), 2019 FC 1150

    [1]  The Applicant, Mohamad Khadra, seeks judicial review of a decision of the Refugee Appeal Division [RAD] wherein the RAD dismissed the Applicant’s appeal and confirmed the decision of the Refugee Protection Division [RPD] that the Applicant was not a Convention refugee or a person in need of protection made pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act,...

  • Mal v. Canada (Citizenship and Immigration), 2019 FC 1151

    [1]  Mr. Mal, a permanent resident of Canada, has become inadmissible by reason of a criminal conviction for sexual assault. He is now seeking judicial review of a decision of the Immigration Appeal Division [IAD] that dismissed his request for relief on humanitarian and compassionate [H&C] considerations. The IAD found that the H&C grounds invoked by Mr. Mal were not sufficient to...

  • Toor v. Canada (Citizenship and Immigration), 2019 FC 1143

    [1]  This application judicially reviews a visa officer’s decision to deny Mr. Toor’s application for an open work permit.  The visa officer was neither satisfied that his marriage was genuine nor that he would leave Canada at the end of the authorized period of stay.

  • Afifi v. Canada (Citizenship and Immigration), 2019 FC 1141

    [1]  This application judicially reviews a visa officer’s decision to deny Ms. Afifi’s application for permanent residence under the Provincial Nominee Class.  For the reasons that follow, the refusal was valid in law and this judicial review will not be granted.

  • Godbout v. Canada (Attorney General), 2019 FC 1144

    [1]  The Applicant brings a motion in writing pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106 [“Rules”] appealing the Order of Prothonotary Tabib dated April 25, 2019. The Prothonotary dismissed the Applicant’s motion for an extension of time pursuant to Rule 8(1) to serve and file her record as required by the Court’s case management Order dated February 14, 2019. Thereafter,...

  • Lukács v. Canada (Transportation Agency), 2019 FC 1148

    [1]  By Notice of Application for judicial review filed on December 29, 2017, Dr. Gabor Lukacs (the “Applicant”) seeks the following relief:

  • Peiro v. Canada (Citizenship and Immigration), 2019 FC 1146

    [1]  This is an application for judicial review of a visa officer’s [the Officer] decision refusing Milad Peiro’s [the Applicant] application for a study permit.

  • Singh v. Canada (Citizenship and Immigration), 2019 FC 1142

    [1]  Mr. Bahadur Singh (“Applicant”) has lived in Canada for over fifteen years and worked as a cook for thirteen years, under a series of work permits, to support his wife, his two daughters, and his son who have all lived in India throughout that time.

  • Russell v. Canada (Attorney General), 2019 FC 1137

    [1]  Roderick Thomas McCulloch Russell seeks judicial review of the refusal by the Canadian Security Intelligence Service [CSIS] to grant his request for “[a]ll records without limitation or restriction, from all locations (irrespective of whether such records are physically, electronically, mechanically or otherwise held by CSIS) in respect of Roderick Thomas McCulloch Russell.”

  • Kaczor v. Canada (Immigration, Refugees and Citizenship), 2019 FC 1139

    [1]  This motion, brought by the Minister, seeks an Order dismissing this application for mootness due to his May 17, 2019 removal of all countries that appeared on the Designated Country of Origin list.  For the reasons explained below, the Minister’s motion will not be granted.  Instead, the matter will be stayed for a period of six months, whereupon a case management judge will seek...

  • Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126

    [1]  As far as factual determinations are concerned, the principle that “s/he who hears must decide” is sacrosanct. It is a fundamental pillar of the rule of law. It cannot be sacrificed on the altar of achieving greater consistency and efficiency in administrative decision-making.

  • Omaboe v. Canada (Citizenship and Immigration), 2019 FC 1135

    [1]  In June 2017, about two months after he arrived in Canada from South Africa, the applicant submitted a claim for refugee protection to the Immigration and Refugee Board of Canada [IRB].  In his Basis of Claim Form, the applicant identified himself as Livingstone Washington Omaboe, a citizen of Ghana who was born in that country on July 6, 1988.  He sought refugee protection on the...

  • Atique v. Canada (Citizenship and Immigration), 2019 FC 1128

    [1]  This is an application for judicial review of the oral decision of the Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada, dated November 10 2018 brought pursuant to section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA].

  • Canada (Public Safety and Emergency Preparedness) v. Hamdan, 2019 FC 1129

    [1]  This application judicially reviews an order made by the Immigration Division [ID] releasing Mr. Hamdan from detention. Mr. Hamdan has been detained for approximately four years – the two most recent years pursuant to immigration legislation and, previously, on the basis of criminal charges. The Minister argues for Mr. Hamdan’s continued detention on the ground that he poses a danger...

  • Whitty v. Veterans Review and Appeal Board, 2019 FC 1125

    [1]  Mr. Kevin Joseph Whitty (the “Applicant”) seeks judicial review of the decision of the Veterans Review and Appeal Board (the “Board”), constituted pursuant to the Veterans Review and Appeal Board Act, S.C. 1995, c.18 (the “VRAB Act”). In that decision, dated March 12, 2018, the Board denied the Applicant’s request for reconsideration of a decision, dated December 4, 2008, made by an...

  • Canada (Public Safety and Emergency Preparedness) v. Arook, 2019 FC 1130

    [1]  This application judicially reviews an order made by the Immigration Division [ID] releasing Mr. Arook from detention.  Mr. Arook has been detained since June 27, 2019.  The Minister argues for Mr. Arook’s continued detention on the grounds that he is unlikely to appear for removal and that he is a danger to the public.

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