Ada Mok

The applicant, a permanent resident with a history of serious criminality, was previously granted stays of removal.

Due to an irreversible neurocognitive disorder, he became unable to be released into the community.

The Immigration Appeal Division cancelled his stay of removal, finding that the purpose of the stay—rehabilitation—was no longer achievable, and balancing the Ribic factors against him.

The Federal Court dismissed the application for judicial review, finding the IAD reasonably assessed the factors without fettering its discretion.

The applicants, a mother and her three minor children, sought judicial review of a Refugee Appeal Division (RAD) decision rejecting their refugee claims.

The principal applicant claimed a fear of persecution from her abusive husband in Bangladesh and Pakistan.

The RAD upheld the RPD's finding that the principal applicant did not face a serious possibility of persecution in Pakistan and that the minor applicants were not at risk in Bangladesh.

The applicants argued the RAD breached procedural fairness by raising new issues without notice and erred in its assessment of the minor applicants' risk.

The Federal Court found that the RAD did not raise new issues but merely reviewed the evidence on issues already raised by the applicants.

The Court also held that the RAD's assessment of the minor applicants' claims was reasonable.

The application for judicial review was dismissed.

The applicants, citizens of China, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal from the Refugee Protection Division's denial of their refugee claims.

The applicants alleged fear of persecution due to their opposition to land expropriation.

The RAD rejected new evidence and concluded that summonses submitted by the applicants were fraudulent, leading to a negative credibility finding.

The Federal Court found the RAD's assessment of the summonses unreasonable, partly due to a mistranslation of the arrest summons which the respondent conceded.

The application for judicial review was allowed and the matter remitted for redetermination.