3 total
Judicial review of H&C refusal dismissed; officer's assessment of hardship, establishment, and BIOC was reasonable.
The applicant sought judicial review of a decision refusing his application for permanent residence on humanitarian and compassionate grounds under section 25(1) of the IRPA.
The applicant argued that the officer erred in assessing hardship, establishment in Canada, the best interests of the children, and by failing to conduct an interview.
The Federal Court found that the officer's decision was reasonable and responsive to the evidence, dismissing the application for judicial review.
Judicial review of RAD decision dismissed where applicant's refugee claim was reasonably rejected on credibility grounds.
The applicant sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming the Refugee Protection Division's (RPD) rejection of his refugee claim.
The RPD and RAD found the applicant lacked credibility due to inconsistencies and unreliability in his evidence, including a police report and medical records regarding alleged threats and kidnapping in Iraq.
The Federal Court held the RAD fulfilled its appellate function, reasonably found the applicant failed to establish the core elements of his claim, and dismissed the application for judicial review.
Judicial review granted; RAD unreasonably assessed cumulative persecution and state protection for Irish Roma claimant.
The applicant, an Irish citizen of Roma ethnicity, sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming that he is neither a Convention refugee nor a person in need of protection.
The Federal Court found the RAD's decision unreasonable due to its incomplete assessment of the cumulative effect of the discrimination and harassment experienced by the applicant, and its flawed state protection analysis which contradicted the evidence on the record.
The application for judicial review was granted.
