Laila Demirdache

The applicants sought judicial review of a RAD decision refusing to reopen their appeal from a 2016 RPD decision.

The RAD had dismissed the appeal in 2017 for failure to perfect.

A new RAD panel found the applicants' former representative incompetent, breaching natural justice, but concluded the applicants failed to justify the two-year delay in requesting reopening.

The Federal Court found the RAD's decision reasonable, noting the applicants bore ultimate responsibility for taking timely action after receiving the 2017 decision, despite language barriers and continued reliance on the consultant.

The application for judicial review was dismissed.

The applicants sought judicial review of a decision denying their application for permanent residence based on humanitarian and compassionate grounds.

The Federal Court held the decision was unreasonable.

The officer failed to provide coherent explanations for rejecting evidence of the principal applicant's estrangement from her family and evidence of country conditions provided by a former ambassador's spouse.

The officer also made findings unsupported by the record, including incorrectly concluding the children could choose to remain in Canada with their father despite being subject to removal.