Judicial Review of Public Policies

Steven MeurrensJudicial Reviews, Skilled Immigration (Express Entry, CEC, FSWC, Etc.)

Section 25.2(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 provides that: Public policy considerations 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations. Overview An Immigration, Refugees, and Citizenship Canada (“IRCC“) public policy is a temporary, discretionary measure enacted by IRCC to address specific immigration-related issues or situations that aren’t fully covered by existing Canadian immigration laws. These public policies offer flexibility in processing applications, support targeted groups of individuals, and respond to urgent or emerging needs. These IRCC public policies are usually time-limited and can be updated or revoked as circumstances evolve. Eligibility criteria, application processes, and other details are typically available on the official IRCC website. A list of public policies can be found here. Jurisprudence In Rohani v. Canada (Citizenship and Immigration), 2024 FC 1037 the Applicant argued that because previous Federal Court decisions referred … Read More