2 total
Application for judicial review of an IAD decision upholding a removal order for failing to meet the residency obligation is dismissed.
The applicant, a permanent resident, sought judicial review of a decision by the Immigration Appeal Division (IAD) upholding a removal order issued against her for failing to meet the residency obligation under s. 28 of the Immigration and Refugee Protection Act.
The applicant had attempted to rely on her husband's purported employment with a Canadian company in Turkey to meet the required days.
The IAD found that the husband's employment was simulated, noting that the company had pleaded guilty to immigration fraud related to his employment contract, and that there were insufficient humanitarian and compassionate considerations to justify retaining her status.
The Federal Court found no breach of procedural fairness and held that the IAD's determinations regarding the simulated employment and the humanitarian and compassionate considerations were reasonable.
The application for judicial review was dismissed.
Judicial review dismissed; RAD reasonably found the applicant had a viable internal flight alternative.
The applicant, a citizen of Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision that dismissed his appeal and confirmed he had a viable internal flight alternative (IFA) in Abuja.
The applicant claimed a fear of persecution from the Ogboni Secret Society and corrupt police.
The Federal Court held that the RAD reasonably assessed the evidence, finding insufficient objective evidence that the applicant's agents of persecution had the continuing motivation or reach to harm him in Abuja, and that relocating there was not objectively unreasonable given his personal circumstances.
