3 total
Motion to expedite judicial review of residency condition dismissed for lack of exceptional urgency.
The applicant brought a motion to expedite his application for judicial review, seeking an order directing the Appeal Division of the Parole Board of Canada to render a decision forthwith regarding the legality of a residency condition imposed on his statutory release.
The applicant argued urgency because his warrant was set to expire shortly, rendering the issue moot.
The Federal Court dismissed the motion, finding no exceptional circumstances or irreparable harm to justify bypassing standard timelines, particularly as the applicant delayed in appealing the initial residency condition decision.
Declarations granted revoking citizenship and finding inadmissibility for complicity in crimes against humanity.
The Ministers of Citizenship and Immigration and Public Safety sought declarations that the defendant obtained his permanent resident status and Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances, and that he was inadmissible to Canada for violating human or international rights.
The Court found that the defendant knowingly concealed his role as Under-Secretary for Public Security of the Ministry of Internal Affairs of the Bosnian Serb Republic (RS MUP) on his permanent residence application.
The Court also found reasonable grounds to believe the defendant was a senior official in a government that engaged in crimes against humanity and was complicit in those crimes.
Judicial review of negative PRRA dismissed; no oral hearing required without credibility issues.
The applicant, a citizen of Haiti, sought judicial review of a pre-removal risk assessment (PRRA) decision that rejected his application.
He claimed he faced threats from a political figure in Les Cayes.
The officer found the applicant failed to show he could not safely live elsewhere in Haiti (internal flight alternative).
The applicant argued the officer erred by not holding an oral hearing and by unreasonably assessing the evidence, including ignoring untranslated documents.
The Federal Court held a hearing was not required because credibility was not the basis for the decision; it was rejected for insufficient evidence.
The Court also found the officer's assessment of the evidence and disregard for untranslated documents reasonable.
The application was dismissed.
