In a case that has generated media publicity, the Federal Court of Appeal has ruled that illegal immigrants do not have a Charter right to health care. The facts in Toussaint v. Canada, 2011 FCA 213, were simple. In 1999, the appellant entered Canada as a visitor. She never left, and never attempted to normalize… Continue Reading
Category Archives: Federal Court of Appeal
Asking the Embassy to Re-Consider an Application (Updated)
Once a decision has been rendered in relation to an application for a humanitarian and compassionate exemption, is the ability of the decision-maker to reopen or reconsider the application on the basis of further evidence provided by an applicant limited by the doctrine of functus officio?… Continue Reading
Appealing IRPA Decisions to the Federal Court of Appeal
Generally, when the Federal Court makes a decision on an immigration matter, the decision is final. As most lawyers tell their clients at the outset, there is no right to appeal a Federal Court decision unless the Federal Court certifies an issue raised in the litigation as being a question of general importance. However, it is important that representatives be familiar with some exceptions to this rule.… Continue Reading
Espionage and Immigrating to Canada
On July 19, 2010, the Federal Court in Peer v. Canada (Citizenship and Immigration), 2010 FC 752 certified the following question: Is a person inadmissible to Canada for “engaging in an act of espionage… against a democratic government, institution or process” within the meaning of subsection section 34(1)(a) of the Immigration and Refugee Protection Act,… Continue Reading
US War Deserters – Immigrating to Canada
In a decision that has received much media attention, the Federal Court of Appeal (“FCA“) on July 6, 2010, released its decision in Hinzman v. Canada (Citizenship and Immigration), 2010 FCA 177 (“Hinzman“) Hinzman involved an American soldier who for moral and religious beliefs was against “all participation in war”. In 2004, upon learning that his… Continue Reading
Functus Officio and Appealing to the Federal Court of Appeal
On June 10, 2010, the Federal Court of Appeal (“FCA“) issued its decision in Canada (Citizenship and Immigration) v. Arif, 2010 FCA 157. The majority and concurring opinions discussed two procedural rules that will interest immigration practitioners The first issue was when a Federal Court determination regarding a Citizenship Judge’s decision can be appealed. The second… Continue Reading