Guy Régimbald

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.

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The applicants had withdrawn their claims following severe mental anguish caused by a miscarriage, but applied for reinstatement weeks later supported by a psychotherapist's report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.