3 total
Judicial review of H&C refusal dismissed; decision reasonable given insufficient evidence.
The applicant sought judicial review of a decision refusing her application for permanent residence on humanitarian and compassionate (H&C) grounds.
The administrative decision-maker found insufficient evidence to establish her degree of establishment in Canada, the best interests of her children in Haiti, and adverse conditions in Haiti.
The Federal Court found the decision reasonable and justifiable based on the lack of evidence presented, concluding the applicant failed to meet her burden.
The application for judicial review was dismissed and no question was certified.
Judicial review of PRRA decision dismissed as the officer reasonably found no personalized risk.
The applicant, a citizen of Colombia facing deportation due to serious criminality, applied for judicial review of a pre-removal risk assessment (PRRA) officer's decision rejecting his application.
The applicant argued the officer erred by failing to consider certain evidence and applying an incorrect standard of proof.
The Federal Court found the officer reasonably concluded the evidence was insufficient to demonstrate a personalized prospective risk in Colombia, and dismissed the application for judicial review.
Minister's extradition order of a Convention refugee was unreasonable for applying incorrect legal principles.
The appellant, a Convention refugee in Canada, was sought for extradition by Romania to serve a prison sentence for forging visas.
The Minister of Justice ordered his surrender, applying a test that required the appellant to prove he would face persecution that shocks the conscience.
The Supreme Court of Canada allowed the appeal, applying its concurrent decision in Németh v. Canada (Justice).
The Court held that the Minister applied the wrong legal principles because the appellant's refugee status had not been revoked, and the Minister should have considered section 44(1)(b) of the Extradition Act rather than requiring the appellant to prove persecution under section 44(1)(a).
The matter was remitted to the Minister for reconsideration.
