André Capretti

The applicant, a citizen of Guinea, applied for a study permit to study psychology in Canada.

The visa officer denied the application, concluding the applicant would not leave at the end of her stay and lacked sufficient financial resources.

The Federal Court found the decision unreasonable because the officer ignored evidence that the applicant had met financial obligations for her first year and that her guarantor's funds were linked to a business.

The officer also improperly drew a negative inference from a lack of travel history and failed to consider evidence of her intent to return to Guinea to address a shortage of psychologists.

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

The applicant, a citizen of El Salvador, sought judicial review of a Refugee Protection Division (RPD) decision rejecting his refugee claim.

He claimed fear of extortion by the Mara MS-13 gang.

The RPD found significant contradictions in his evidence regarding his occupation and whether he owned a business, which was the basis of his alleged fear.

The Court found the RPD's credibility findings to be reasonable and supported by the evidence.

The Court also ignored argumentative portions of the applicant's affidavit.

The application for judicial review was dismissed.