The Federal Court (the “Court“) in Habtenkiel v. Canada (Citizenship and Immigration), has certified a question that if answered in the affirmative would seem to pretty much shut the door on humanitarian & compassionate (“H&C“) appeals of s. 117(9)(d) refusals. The certified question is: In light of sections 72(2)(a), 63(1) and 65 of the Immigration and Refugee Protection Act, S.C. 2001, c.… Continue Reading
Tag Archives: Judicial Review
Skilled Worker Non-Processing Letters Going Out
And so it begins. Citizenship and Immigration Canada has begun sending letters to Federal Skilled Worker Applicants who applied prior to February 27, 2008, that their applications will not be processed, and that they will soon be contacted regarding a refund. Regardless of what one thinks of the merits of cancelling the backlog (I am… Continue Reading
Judicial Review of Refugee Decisions
There are few things more devastating for a refugee claimant than when the Refugee Protection Division rejects your claim. At that point, you essentially have two main options: make a pre-removal risk assessment application or seek judicial review. The objective of a judicial review is to convince a judge that the Refugee Protection Division’s rejection… Continue Reading
Introducing New Evidence at a Judicial Review
Although you should hire representation if you want to file an application for judicial review of an immigration decision, you should also understand the basics of judicial review.… Continue Reading
Federal Court Rules on Galloway Inadmissibility
The Federal Court has released its decision on the legality of the “decision” to prohibit former British MP George Galloway from entering Canada for having committed terrorism or been a member of a terrorist organization. … Continue Reading