2 total
Judicial review of RPD decision dismissed; finding that cumulative discrimination in Germany did not amount to persecution was reasonable.
The applicants, citizens of the Czech Republic and Germany, sought judicial review of a Refugee Protection Division decision denying their refugee claims.
They argued the RPD erred by failing to find a nexus to a Convention ground, failing to conduct a forward-looking assessment, and requiring evidence of past persecution regarding their claim against Germany.
The Federal Court found that the RPD did find a nexus based on nationality but reasonably concluded the cumulative discrimination did not amount to persecution.
The Court also found the RPD properly conducted a forward-looking assessment and did not require evidence of past persecution.
The application for judicial review was dismissed.
Judicial review of H&C refusal dismissed; officer's assessment of establishment and family reunification reasonable.
The applicant, a citizen of Hong Kong who lived in Canada on temporary status for over a decade to care for her Canadian-born daughter, applied for permanent residence on humanitarian and compassionate (H&C) grounds.
A senior immigration officer refused the application.
The applicant sought judicial review, arguing the officer unreasonably assessed her establishment in Canada and family reunification factors.
The Federal Court found the officer's decision reasonable, noting the officer appropriately considered the applicant's community involvement, letters of support, and the possibility of returning to Hong Kong with financial support from her sister.
The Court also held the officer reasonably assessed the relationship with her adult daughter and concluded the circumstances did not warrant H&C relief.
