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Mandamus granted requiring IRCC to decide a permanent residence application delayed for nearly four years.
The applicant sought an order of mandamus directing Immigration, Refugees and Citizenship Canada (IRCC) to render a decision on her permanent residence application under the Provincial Nominee Program, which had been pending for nearly four years.
The Federal Court found the delay to be unreasonable and unjustified, and that the balance of convenience favoured the applicant due to the significant hardship caused by family separation.
The application for judicial review was granted, and mandamus was issued requiring IRCC to decide within 90 days.
Judicial review granted; RPD unreasonably discounted corroborative evidence when vacating refugee status.
The Applicants sought judicial review of a decision by the Refugee Protection Division (RPD) to vacate their refugee status and exclude them from protection based on misrepresentations regarding the Principal Applicant's criminal history in the Czech Republic.
The RPD found the misrepresentations tainted the remaining evidence, implicitly finding a corroborative police report fraudulent.
The Federal Court held the RPD's decision was unreasonable as it unduly discounted objective corroborative evidence and impermissibly made a veiled fraudulence finding.
The application for judicial review was granted.
