Mark Gruszczynski

The applicant sought judicial review of a decision by the Immigration Appeal Division (IAD) dismissing his appeal of a visa officer's refusal of his wife's permanent residence application under the family class.

The IAD found the applicant had not established that the marriage was genuine and not entered into primarily for the purpose of acquiring an immigration status.

The Federal Court held that the IAD's assessment of the evidence, including cultural context and the spouses' lack of mutual knowledge, was reasonable.

The application for judicial review was dismissed.

The applicants, citizens of Nigeria, sought judicial review of a decision by the Refugee Appeal Division (RAD) dismissing their claim for refugee protection.

The RAD found they had an internal flight alternative (IFA) in Nigeria and faced no prospective risk.

The applicants argued the RAD unreasonably relied on a revoked jurisprudential guide, lacked transparency, and erred in its factual findings regarding the risk.

The Federal Court dismissed the application, finding the RAD's decision reasonably based on the applicants' individual circumstances and the conclusion that they were no longer exposed to any risk.