Luke Mc Rae

The applicants sought judicial review of a decision refusing their application for permanent residence on humanitarian and compassionate (H&C) grounds.

The Court found the officer's assessment of the best interests of the child (BIOC) was unreasonable, as the officer failed to properly consider the risk of violence in Mexico and the educational impediments the child would face due to language barriers.

The application for judicial review was granted.

The applicants, citizens of Kosovo, sought judicial review of a decision denying them temporary resident permits (TRPs).

They had applied for TRPs alleging they were victims of human trafficking, and in the alternative, requested TRPs to regularize their status pending a humanitarian and compassionate (H&C) application.

The Federal Court found the officer's conclusion that the circumstances amounted to labour exploitation rather than human trafficking was reasonable.

However, the Court held the officer erred by failing to address the alternative request for TRPs on non-trafficking grounds, including the psychological impact of deportation on one of the children.

The application for judicial review was allowed in part, and the alternative TRP request was remitted for redetermination.

The applicants applied for permanent residence under the Saskatchewan Provincial Nominee Class.

The principal applicant was nominated by the province as a cashier, demonstrating language proficiency that met or exceeded the required CLB 4 standard.

A visa officer refused the application under subsection 87(3) of the IRPR, finding the applicant lacked sufficient language skills to become economically established.

On judicial review, the Federal Court held the decision was unreasonable because the officer elevated the language requirement beyond the agreed standard and failed to consider relevant factors, such as the applicant's experience as a mathematics teacher.

The application for judicial review was granted.

The applicants, a family from Nigeria, sought judicial review of a Refugee Appeal Division decision refusing their refugee claims on the basis that they had a viable Internal Flight Alternative in Ibadan.

The applicants feared persecution by the Niger Delta Avengers.

The RAD found no serious possibility of persecution in Ibadan and that relocation was not unreasonable despite the principal applicant's mental health concerns.

The Federal Court found the RAD's assessment of the evidence and the principal applicant's mental health to be reasonable and dismissed the application for judicial review.