2 total
Judicial review granted; Officer unreasonably failed to engage with medical evidence regarding PTSD.
The applicant applied for judicial review of a decision refusing her permanent residence application on humanitarian and compassionate grounds.
The applicant argued the Officer misapprehended medical evidence regarding her PTSD and the deterioration of her condition if removed to St. Vincent.
The Federal Court found the Officer's failure to engage with the medical evidence rendered the decision unreasonable, and the application for judicial review was granted.
Motion for a stay of removal dismissed as the applicant failed to establish irreparable harm regarding previously assessed risks.
The applicant brought a motion to stay her removal to Nigeria pending her application for leave and judicial review of a negative Pre-Removal Risk Assessment decision.
The applicant claimed she faced persecution in Nigeria based on her sexual orientation, a risk that had been previously rejected by the RPD, an H&C officer, and the PRRA officer.
The Federal Court dismissed the motion, finding that the applicant failed to establish a serious issue or irreparable harm, and that the balance of convenience favoured the Minister given her past failure to report for removal.
