2 total
Judicial review granted; Officer unreasonably failed to engage with medical evidence regarding PTSD.
The applicant applied for judicial review of a decision refusing her permanent residence application on humanitarian and compassionate grounds.
The applicant argued the Officer misapprehended medical evidence regarding her PTSD and the deterioration of her condition if removed to St. Vincent.
The Federal Court found the Officer's failure to engage with the medical evidence rendered the decision unreasonable, and the application for judicial review was granted.
Court declines to hear last-minute stay of removal motion filed without explanation for delay.
The applicant brought a motion for a stay of a removal order on the eve of his scheduled removal.
The Court found that there was no valid reason for the delay in bringing the motion, as the applicant had been represented by the same counsel since the original pre-removal risk assessment and there was plenty of time to produce a complete record.
The Court exercised its discretion to decline to hear the motion, finding it to be an unacceptable course of conduct that prejudiced the respondent and the Court.
