2 total
Judicial review of visa refusal dismissed; decision based on insufficient evidence, not credibility.
The applicants, citizens of India who were previously deported from Canada, applied for a temporary resident visa to visit their children in Canada.
A visa officer refused the application, finding insufficient evidence that they would leave Canada at the end of their authorized stay.
The applicants sought judicial review, arguing a breach of procedural fairness because the officer allegedly made a veiled credibility finding without giving them a chance to respond.
The Federal Court dismissed the application, holding that the officer's decision was based on an insufficiency of evidence regarding their relationship with their children, not credibility, and was reasonable.
Judicial review dismissed; IAD reasonably concluded son was not a dependent child.
The applicant sought judicial review of a decision by the Immigration Appeal Division (IAD) dismissing her appeal of a refusal to grant her son a permanent resident visa.
The visa was refused because the son was found to have a common-law partner and thus did not meet the definition of a "dependent child" under the Immigration and Refugee Protection Regulations.
The Federal Court found the IAD's decision to be reasonable, noting that the son's inconsistent statements about his relationship undermined his credibility.
The application for judicial review was dismissed.
