Garcia Diaz v. Canada (Citizenship and Immigration), 2021 FC 321

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2021 FC 321
Date13 April 2021
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14 practice notes
  • Saida v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 30 Junio 2021
    ...Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61, [2015] 3 SCR 909 (Abella J.), at para 19” (Diaz v Canada (MCI) 2021 FC 321 [Diaz] at para 42). [52] Justice Little goes on to state: [45] The discretion in subs. 25(1) must be exercised reasonably. Officers making humani......
  • Adeko v. Canada (Citizenship and Immigration), 2022 FC 1047
    • Canada
    • Federal Court (Canada)
    • 14 Julio 2022
    ...been doing since their arrival. [31] It is important to repeat that the Court found in Garcia Diaz v Canada (Citizenship and Immigration), 2021 FC 321 at paragraph 42 that “[s]ubsection 25(1) of the [Act] gives the Minister discretion to exempt foreign nationals from the ordinary req......
  • Ibekwe v. Canada (Citizenship and Immigration), 2022 FC 728
    • Canada
    • Federal Court (Canada)
    • 16 Mayo 2022
    ...new, salient internal information or extrinsic evidence that is not available to the applicant” (Garcia Diaz v Canada (MCI), 2021 FC 321 at para 80 [Diaz]). In the last situation, an obligation may not apply “if the documents are the applicant’s own documents, at least ......
  • Kaur v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 16 Noviembre 2021
    ...fairness owed by visa officers is at the low end of the spectrum: Garcia Diaz v Canada (Minister of Citizenship and Immigration), 2021 FC 321 at paras 62-63. Ms. Kaur had the onus to adduce all relevant evidence for the Officer’s consideration, and the Officer had no obligation to in......
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14 cases
  • Saida v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 30 Junio 2021
    ...Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61, [2015] 3 SCR 909 (Abella J.), at para 19” (Diaz v Canada (MCI) 2021 FC 321 [Diaz] at para 42). [52] Justice Little goes on to state: [45] The discretion in subs. 25(1) must be exercised reasonably. Officers making humani......
  • Adeko v. Canada (Citizenship and Immigration), 2022 FC 1047
    • Canada
    • Federal Court (Canada)
    • 14 Julio 2022
    ...been doing since their arrival. [31] It is important to repeat that the Court found in Garcia Diaz v Canada (Citizenship and Immigration), 2021 FC 321 at paragraph 42 that “[s]ubsection 25(1) of the [Act] gives the Minister discretion to exempt foreign nationals from the ordinary req......
  • Ibekwe v. Canada (Citizenship and Immigration), 2022 FC 728
    • Canada
    • Federal Court (Canada)
    • 16 Mayo 2022
    ...new, salient internal information or extrinsic evidence that is not available to the applicant” (Garcia Diaz v Canada (MCI), 2021 FC 321 at para 80 [Diaz]). In the last situation, an obligation may not apply “if the documents are the applicant’s own documents, at least ......
  • Kaur v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 16 Noviembre 2021
    ...fairness owed by visa officers is at the low end of the spectrum: Garcia Diaz v Canada (Minister of Citizenship and Immigration), 2021 FC 321 at paras 62-63. Ms. Kaur had the onus to adduce all relevant evidence for the Officer’s consideration, and the Officer had no obligation to in......
  • Request a trial to view additional results

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