Brendan Friesen

The applicant sought judicial review of a decision by the Immigration Appeal Division dismissing his appeal of the refusal of a spousal sponsorship application.

The IAD found the marriage was not genuine under s. 4(1)(b) of the IRPR, despite the couple having a child together.

The Federal Court held the IAD breached the reasonableness standard by failing to properly weigh the presence of a child of the marriage and relying on unreasonable credibility findings based on minor inconsistencies.

The application was allowed and the matter remitted for reconsideration.

The applicants applied for judicial review of a decision refusing their permanent residence application as privately sponsored refugees.

The application was refused because the applicants failed to respond to a request for their UNHCR ProGres Case Number to verify their refugee status.

The applicants alleged they did not receive the request letter, constituting a breach of procedural fairness.

The Federal Court found that the respondent established the letter was sent to the provided email addresses, shifting the risk of non-delivery to the applicants.

The application was dismissed.

The applicant, a citizen of Honduras, sought judicial review of a RAD decision confirming the RPD's refusal of her refugee claim based on the availability of an Internal Flight Alternative (IFA).

She argued the RAD failed to clearly articulate the standard of proof and omitted relevant factors such as the size of Honduras and gender-specific country conditions.

The Federal Court found that the RAD correctly set out and applied the proper standard of proof, and its factual findings regarding the IFA were reasonable.

The application for judicial review was dismissed.