Category: Recent Cases

The Court found that the officer ought to have disclosed a CBSA report that alleged certain funds were proceeds of crime and found a breach of natural justice. The Court provides a good analysis of what is extrinsic evidence.

The Court held that the PRRA officer erred because she made a credibility finding on a central issue without holding an oral hearing.

The Court set aside a decision on breach of fairness. Although a fairness letter was sent to the applicant it failed to properly explain the issue so the applicant was denied the opportunity to address the concerns.

The Court set aside a decision based on state protection holding that the intention of the state was not sufficient to show that state protection was available.

The Court set aside a refusal of an H & C decision because the officer failed to consider whether the applicant would suffer undue hardship as a result of his return to face prosecution due to his conscientious objection

The Court granted a declaration that found that the Minister erred in refusing to grant permanent residence status to the applicant when he had met all the requirements of being a permanent resident at the time he was called in but the officer refused to grant it.

This case provides a very broad definition of the term espionage but will define the meaning of this term in an immigration context.

The court set aside a decision denying the applicant refugee status holding that the tribunal erred by failing to consider evidence that negated the finding of state protection.

The court set aside a decision rejecting a claim for refugee status based on the fact the applicant could obtain nationality in South Korea holding it was unreasonable because there was no certainty the nationality would be granted.

The Court upheld a finding that the applicant was inadmissible due to his refusal to answer questions hence he was withholding information and was properly found to be inadmissible.