Khir v. Canada (Citizenship and Immigration), 2021 FC 160

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Date18 February 2021
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20 practice notes
  • A.R. v. Canada (Citizenship and Immigration), 2023 FC 1028
    • Canada
    • Federal Court (Canada)
    • 27 Julio 2023
    ...[27] The standard of review for the SDM’s substantive decision is reasonableness: Khir v Canada (Citizenship and Immigration), 2021 FC 160, at para 27; Hangero v Canada (Citizenship and Immigration), 2022 FC 1727, at para [28] Reasonableness review is a deferential and disciplined ev......
  • Nguyen v. Canada (Citizenship and Immigration), 2023 FC 1617
    • Canada
    • Federal Court (Canada)
    • 1 Diciembre 2023
    ...basis of that evidence, which further demonstrates that the decision was unreasonable (citing Khir v Canada (Citizenship and Immigration), 2021 FC 160 at paras 40, 49 [23] I agree with the Applicants. [24] On the issue of her job and hourly wage offered, an LMIA had been approved and the pr......
  • Shah v. Canada (Citizenship and Immigration), 2022 FC 424
    • Canada
    • Federal Court (Canada)
    • 29 Marzo 2022
    ...also Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 at para 44 [Kanthasamy]; Khir v Canada (Citizenship and Immigration), 2021 FC 160 at para 27). I should also mention that an H&C exemption under subsection 25(1) of the Act is an exceptional and highly discretionary rem......
  • Cervenakova v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 20 Mayo 2021
    ...and Immigration), 2001 FCA 331 (Evans JA), at paras 7 and 9-11. See my discussion in Khir v Canada (Citizenship and Immigration), 2021 FC 160, at paras 36-50. [45] In my view, the officer did not reach an untenable conclusion or fundamentally misapprehend the evidence in this case. As has b......
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15 cases
  • A.R. v. Canada (Citizenship and Immigration), 2023 FC 1028
    • Canada
    • Federal Court (Canada)
    • 27 Julio 2023
    ...[27] The standard of review for the SDM’s substantive decision is reasonableness: Khir v Canada (Citizenship and Immigration), 2021 FC 160, at para 27; Hangero v Canada (Citizenship and Immigration), 2022 FC 1727, at para [28] Reasonableness review is a deferential and disciplined ev......
  • Shah v. Canada (Citizenship and Immigration), 2022 FC 424
    • Canada
    • Federal Court (Canada)
    • 29 Marzo 2022
    ...also Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 at para 44 [Kanthasamy]; Khir v Canada (Citizenship and Immigration), 2021 FC 160 at para 27). I should also mention that an H&C exemption under subsection 25(1) of the Act is an exceptional and highly discretionary rem......
  • Agudo v. Canada (Citizenship and Immigration), 2021 FC 320
    • Canada
    • Federal Court (Canada)
    • 13 Abril 2021
    ...to the assessment of critical facts that may (or may not) constrain a decision maker: see Khir v Canada (Citizenship and Immigration), 2021 FC 160, at paras 37-49. The question then is whether the judicial review principles in Vavilov would tolerate an exemption for country condition eviden......
  • Cervenakova v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • 20 Mayo 2021
    ...and Immigration), 2001 FCA 331 (Evans JA), at paras 7 and 9-11. See my discussion in Khir v Canada (Citizenship and Immigration), 2021 FC 160, at paras 36-50. [45] In my view, the officer did not reach an untenable conclusion or fundamentally misapprehend the evidence in this case. As has b......
  • Request a trial to view additional results

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