Discua v. Canada (Citizenship and Immigration), 2023 FC 137

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2023 FC 137
Date30 January 2023
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3 practice notes
  • Wadhwa v. Canada (Citizenship and Immigration), 2023 FC 951
    • Canada
    • Federal Court (Canada)
    • July 13, 2023
    ...the test as the prejudice component has recently been acknowledged as such by this Court (Discua v Canada (Citizenship and Immigration), 2023 FC 137 at para 30 [Discua]). Only in extraordinary cases can incompetent representation give rise to a breach of procedural fairness (Galyas at para ......
  • Brown v. Canada (Citizenship and Immigration), 2024 FC 105
    • Canada
    • Federal Court (Canada)
    • January 22, 2024
    ...(Bisht v Canada (Public Safety and Emergency Preparedness), 2022 FC 1178 at para 24; Discua v Canada (Citizenship and Immigration), 2023 FC 137 at para [57] Had former counsel provided reasonable professional assistance to the applicant following receipt of the UK Police Certificate, the ap......
  • Devi v. Canada (Citizenship and Immigration), 2023 FC 328
    • Canada
    • Federal Court (Canada)
    • March 9, 2023
    ...allegations of incompetence on the part of a former counsel or authorized representative in Discua v Canada (Citizenship and Immigration), 2023 FC 137 at paragraphs 30 and 31 [Discua]: [30] The framework within which an allegation of ineffective assistance of counsel is to be assessed in th......
3 cases
  • Wadhwa v. Canada (Citizenship and Immigration), 2023 FC 951
    • Canada
    • Federal Court (Canada)
    • July 13, 2023
    ...the test as the prejudice component has recently been acknowledged as such by this Court (Discua v Canada (Citizenship and Immigration), 2023 FC 137 at para 30 [Discua]). Only in extraordinary cases can incompetent representation give rise to a breach of procedural fairness (Galyas at para ......
  • Brown v. Canada (Citizenship and Immigration), 2024 FC 105
    • Canada
    • Federal Court (Canada)
    • January 22, 2024
    ...(Bisht v Canada (Public Safety and Emergency Preparedness), 2022 FC 1178 at para 24; Discua v Canada (Citizenship and Immigration), 2023 FC 137 at para [57] Had former counsel provided reasonable professional assistance to the applicant following receipt of the UK Police Certificate, the ap......
  • Devi v. Canada (Citizenship and Immigration), 2023 FC 328
    • Canada
    • Federal Court (Canada)
    • March 9, 2023
    ...allegations of incompetence on the part of a former counsel or authorized representative in Discua v Canada (Citizenship and Immigration), 2023 FC 137 at paragraphs 30 and 31 [Discua]: [30] The framework within which an allegation of ineffective assistance of counsel is to be assessed in th......

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