3 total
Judicial review of work permit refusal dismissed as officer's findings on family and financial ties were reasonable.
The applicant sought judicial review of a decision refusing his application for a work permit under the Temporary Foreign Worker Program.
The visa officer refused the application on the basis that they were not satisfied the applicant would leave Canada at the end of his stay, citing insufficient family ties, a lack of financial establishment in his country of residence, and a failure to demonstrate he could perform the work.
The Federal Court held that while the officer erred in assessing the applicant's ability to perform the work, this error was not determinative.
The Court found the officer's conclusions regarding family ties and financial establishment were reasonable based on the evidence provided.
The application for judicial review was dismissed.
Appeal from associate judge's order striking an application for judicial review dismissed.
The applicant appealed a Federal Court associate judge's order striking her application for judicial review of a Canada Revenue Agency decision regarding Canada Recovery Benefit (CRB) claims.
The associate judge had struck the application because it relied entirely on new evidence not before the original decision-maker.
The Federal Court dismissed the appeal, holding that the associate judge made no palpable and overriding error.
The Court reaffirmed that new evidence is generally inadmissible on judicial review and that a self-represented litigant must still adhere to the Rules.
Judicial review of refugee cessation decision dismissed as the RPD's finding of reavailment was reasonable.
The applicant sought judicial review of a decision by the Refugee Protection Division (RPD) to cease his refugee protection.
The RPD found that the applicant had voluntarily reavailed himself of the protection of China by renewing his Chinese passport and traveling there for six weeks, despite claiming he relied on his Canadian permanent resident status for protection.
The Federal Court found the RPD's assessment of the applicant's intent to reavail, considered holistically with all the evidence including his statements to a CBSA officer, was reasonable.
