3 total
Judicial review granted; officer unreasonably assessed best interests of children regarding education in Mexico.
The applicants, a family from Mexico, sought judicial review of a decision refusing their permanent residence application on humanitarian and compassionate grounds.
The Federal Court found the decision unreasonable because the officer failed to adequately assess the best interests of the minor children, specifically ignoring country condition evidence regarding the quality of education in Mexico compared to Canada.
The application for judicial review was granted.
Judicial review dismissed; RAD reasonably refused to reopen appeal where applicant failed to perfect record.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision refusing to reopen an appeal that had been dismissed for failure to perfect the application record.
The applicant argued the RAD breached procedural fairness by relying on implicit credibility findings regarding his misunderstanding of a notice of appeal versus an application record, and an allegedly misaddressed legal aid letter.
The Federal Court dismissed the application, finding the RAD did not make implicit credibility findings but reasonably relied on the documentary evidence, particularly a clear acknowledgment letter received by the applicant, demonstrating he should have known to take further action.
The Court held the RAD's refusal to reopen the appeal was reasonable.
Judicial review granted; visa officer unreasonably imposed higher language threshold without justification.
The applicants sought judicial review of a visa officer's decision to refuse the principal applicant's permanent residence application under the provincial nominee program.
The officer determined that the principal applicant failed to meet the language requirements to become economically established in Canada as a retail salesperson.
The Federal Court found the officer's decision unreasonable because the officer failed to justify imposing a higher language threshold than the minimum required for the position.
