Gen Zha

The applicant sought judicial review of a decision by the Immigration Appeal Division dismissing her appeal of the refusal of her spouse's permanent residence application.

The application was refused on the basis that the marriage was not genuine.

The Federal Court found the IAD's decision reasonable, noting that it was based on a comprehensive assessment of the evidence, including inconsistencies and lack of communication records, and dismissed the application.

The applicant sought judicial review of a decision refusing her Pre-Removal Risk Assessment (PRRA).

She argued the officer failed to consider her risk as a single mother and the risks to her Canadian-born children if they returned to the Philippines, and that an oral hearing should have been convened.

The Federal Court dismissed the application, finding the applicant conflated hardship (relevant to an H&C application) with risk under sections 96 and 97 of the IRPA.

The Court held the officer was not required to assess the interests of Canadian-born children not subject to removal in a PRRA, nor was there a duty to convene an oral hearing.