Gurpreet Badh

The applicant, a citizen of Afghanistan with Convention refugee status in Canada, applied for judicial review of a Minister's Delegate's opinion that he constituted a danger to the public under s. 115(2)(a) of the IRPA.

The applicant had amassed nearly thirty criminal convictions.

The Minister's Delegate determined that the danger the applicant posed outweighed the risks he would face in Afghanistan and his humanitarian and compassionate considerations.

The Federal Court found the decision reasonable, noting the Delegate properly conducted the required risk and balancing analysis under the IRPA and the Charter, and dismissed the application.

The applicants sought judicial review of an immigration officer's decision denying their application for permanent residence on humanitarian and compassionate grounds.

The officer had erroneously assessed the application by treating the dependent spouse as the principal applicant, thereby improperly holding his lack of language skills and expired immigration status against the true principal applicant.

The Federal Court found this error fundamental to the officer's analysis on establishment and allowed the application, remitting the matter for reconsideration.