Category: Recent Cases

The Court upheld a finding of inadmissibility based on the repeated refusal of the applicant to answer questions put to him in relation to his activities while working for the Iranian government.

The court set aside a refusal of an H & C application holding that the officer had failed to consider the question of de facto family members.

The court set aside a decision where the tribunal rejected the case based on generalized risk. The court held that the conclusion that the risk was generalized was unreasonable and was inconsistent with the persuasive decision that held that state protection was available.

The Court granted a stay holding that the PRRA judicial review would be moot if the deportation were carried out.

The Court found no reviewable error in a decision to release. The Court held that the Member had not erred in releasing the applicant; that the Minister had had an opportunity to make submissions on all issues and that the decision was reasonable

The Court of Appeal Set aside a release order holding that the Member erred in speculating as to the length of detention.

The issue of the exercise of discretion with respect to the residency requirement is not one which has received much attention. This indeed is the first case I am aware of where the court has done a detailed analysis of the factors. It is also noteworthy for its careful application of Khosa to the question of the standard of review. .

The court has concluded that on the facts the minister was denied fairness... because certain issues were not raised in the discussions and submissions around amendments to the terms of release and were then made the subject of a release order without notice.

this case because it provides an interpretation of a legal issue which has not yet been decided, namely the jurisdiction of an enforcement officer to exercise discretion in an eligibility decision.

IT FOLLOWS A LINE OF PREVIOUS CASES ALL SAYING THE SAME THING...NAMELY THAT DECISIONS BY THE MINISTER UNDER 34 (2) SEEKING MINISTERIAL RELIEF MUST CONSIDER THE TOTALITY OF THE EVIDENCE AND PROVIDE FOR A PROPER BALANCING...