3 total
Judicial review dismissed; failure to disclose US visa refusal in haste not an innocent misrepresentation.
The applicant sought judicial review of a decision refusing her temporary resident visa application for misrepresentation after she failed to disclose a prior US visa revocation.
She argued the omission was an innocent mistake because she filled out the forms in haste and misunderstood the question.
The Federal Court held the officer reasonably rejected this explanation, finding the statutory question clearly included other countries and that mere inadvertence does not meet the narrow exception for innocent misrepresentation.
The application for judicial review was dismissed.
Judicial review allowed; RPD unreasonably dismissed psychological evidence in refusing to reinstate withdrawn refugee claims.
The applicants sought judicial review of a decision by the Refugee Protection Division (RPD) refusing to reinstate their refugee claims.
The applicants had withdrawn their claims following severe mental anguish caused by a miscarriage, but applied for reinstatement weeks later supported by a psychotherapist's report indicating their decision-making was impaired.
The Federal Court found the RPD's decision unreasonable because it failed to meaningfully address the psychological evidence and holistic circumstances under the "interests of justice" analysis.
The application for judicial review was allowed and the matter remitted for redetermination.
Judicial review of CRA benefit denial dismissed as reasonable and procedurally fair.
The applicant, Lillian Lalonde, applied for judicial review of a Canada Revenue Agency decision finding her ineligible for the Canada Recovery Benefit.
The second review officer concluded she had not met eligibility requirements, including the $5,000 eligible income threshold, the 50% income reduction due to COVID-19, and the requirement to actively seek work.
The Federal Court dismissed the application, finding no breach of procedural fairness and holding that the decision was reasonable based on the evidence presented, which did not sufficiently establish the applicant met the cumulative requirements of the Canada Recovery Benefits Act.
