4 total
Study permit refusal unreasonable due to flawed assessment of applicant ties and local programs.
The applicants sought judicial review of a visa officer's decision to refuse their study permit applications.
The officer was not satisfied that the principal applicant would leave Canada at the end of her stay, citing limited employment prospects, her current employment situation, and the availability of similar study programs locally.
The Federal Court found no breach of procedural fairness, as the officer's concerns were evidentiary, not based on credibility.
However, the Court held the decision was unreasonable because the officer failed to consider the applicants' significant ties to their home region, made unsupported findings regarding the local availability of equivalent programs, and unjustifiably relied on the principal applicant's current unemployment status.
The application for judicial review was allowed.
Judicial review dismissed; finding of a viable internal flight alternative was reasonable.
The applicant sought judicial review of a Refugee Protection Division decision dismissing his claim for refugee protection.
The determinative issue for the RPD was the availability of a viable internal flight alternative in Bulawayo, Zimbabwe.
The applicant argued the RPD failed to properly assess the risk of persecution based on perceived political opinion.
The Federal Court found the RPD reasonably assessed the evidence and that the applicant failed to establish the proposed internal flight alternative was unreasonable.
The application for judicial review was dismissed.
Judicial review dismissed as Visa Officer reasonably concluded applicant failed to prove self-employed eligibility.
The applicant sought judicial review of a Visa Officer's decision refusing her application for permanent residence as a self-employed interior designer.
The officer found insufficient evidence that she met the regulatory definition.
The applicant argued a breach of procedural fairness based on an outdated manual and unreasonable factual findings.
The Federal Court held there was no breach of procedural fairness as the officer applied the current policy and the applicant's credibility was not at issue.
The court also found the officer's assessment of the evidence, including the business plan submitted by the applicant, to be reasonable.
Appeal from cocaine trafficking convictions dismissed; inadmissible police opinion evidence occasioned no substantial wrong.
The appellant appealed his convictions for cocaine trafficking.
He argued the trial judge erred in finding the police had reasonable and probable grounds for a warrantless arrest, in assessing identification evidence, and in admitting a police officer's opinion evidence regarding text messages and cocaine consumption.
The Court of Appeal found no error in the grounds for arrest or the identification evidence.
Although the Crown conceded the officer's opinion evidence was inadmissible, the Court applied the curative proviso, finding no substantial wrong or miscarriage of justice because the text messages and other testimony clearly established the appellant was supplying cocaine.
The appeal was dismissed.
