Tasneem Karbani

The applicant, a former permanent resident, applied for a temporary resident visa (TRV) to return to Canada.

Her application was refused because she lacked an Authorization to Return to Canada (ARC).

She sought judicial review, arguing she had a legitimate expectation that an ARC would not be required and that the decision was unreasonable.

The Federal Court dismissed the application, finding no procedural fairness breach as there was no promise to waive the ARC requirement.

The Court held the decision was reasonable as the applicant was subject to a deemed deportation order and thus legally required an ARC under the Immigration and Refugee Protection Act.

The applicant, an RCMP officer, sought judicial review of a disciplinary decision finding he breached the Code of Conduct by using inappropriate force against a McDonald's manager while off-duty.

The incident occurred when the manager removed an undercooked burger the applicant was trying to photograph, prompting the applicant to briefly grab the manager's wrist.

The Federal Court found the decision unreasonable because it was based on an erroneous finding that the applicant had admitted to the allegation, and because the force used was an instinctual reaction to the manager taking his property.

The application for judicial review was granted.