3 total
Judicial review dismissed; visa refusal for security inadmissibility due to KGB/SBU membership upheld as reasonable.
The applicant, a citizen of Ukraine and former member of the KGB and SBU, applied for a temporary resident visa to visit his family in Canada.
An immigration officer refused the application under s. 34(1)(f) of the IRPA, finding reasonable grounds to believe he is inadmissible due to his membership in organizations that engaged in subversion.
The applicant sought judicial review, alleging procedural unfairness and arguing the decision was unreasonable given an academic opinion stating the SBU did not commit espionage against Canada.
The Federal Court dismissed the application, finding no procedural unfairness as the applicant was informed of the concerns and given an opportunity to respond.
The Court also held the officer's decision was reasonable, as the officer had considered the academic opinion but found it less probative than other evidence, and the applicant did not challenge the conclusions regarding his SBU membership with respect to subversion.
Judicial review of IAD decision refusing H&C relief for residency obligation breach dismissed.
The applicant, a permanent resident, sought judicial review of an IAD decision that confirmed a visa officer's refusal to issue a travel document due to his failure to meet the residency obligation.
The applicant had been absent from Canada primarily to care for his ill father.
The IAD determined that there were insufficient humanitarian and compassionate grounds to warrant special relief.
The Federal Court found the IAD's decision reasonable, noting that the tribunal adequately considered the applicant's degree of establishment in Canada, his reasons for being absent, and the applicable legal tests.
Judicial review dismissed; RAD reasonably found refugee claimant lacked credibility regarding his religious conversion.
The applicant sought judicial review of a decision by the Refugee Appeal Division affirming the Refugee Protection Division's rejection of his refugee claim.
The applicant, a citizen of Algeria, alleged fear of persecution due to his conversion to Christianity.
The administrative tribunals found his testimony lacked credibility, noting his poor knowledge of basic Christian tenets, significant omissions in his Basis of Claim Form, and a delay in claiming refugee status in Canada.
The Federal Court found the decision reasonable and dismissed the application for judicial review.
