Understanding Judicial Review

Meurrens LawImmigration Trends

When a visa application has been refused and an applicant is convinced that the decision is unreasonable then it may be advisable to file an Application for Leave to Commence Judicial Review with the Federal Court of Canada (the “Federal Court” or the “Court”). The Federal Court has the jurisdiction to review the decisions of … Read More

Standard of Review in Refugee Appeal Division Hearings

Meurrens LawRefugees

On December 15, 2012, the Refugee Appeal Division (the “RAD“) began considering appeals against decisions from the Refugee Projection Division (the “RPD“) to allow or reject refugee claims.  According to the Immigration and Refugee Board of Canada’s website, the steps to a RAD appeal are: Once you receive the written reasons for the decision from … Read More

Court Certifies Question on Judicial Review of 117(9)(d) Refusals

Meurrens LawImmigration Trends

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. … Read More

PSLRB Rules CIC Bargaining with PAFSO in Bad Faith

Meurrens LawImmigration Trends

As the Professional Association of Foreign Service Officers (“PAFSO”) strike enters its fifth month, the Public Service Labour Relations Board (“PSLRB”) has ruled that Citizenship and Immigration Canada (“CIC”) is bargaining with PAFSO in bad faith.  The PSLRB decision can be found here. CIC has filed a judicial review application of the PSLRB decision. There appears to … Read More

Judicial Review of Refugee Decisions

Meurrens LawJudicial Reviews, Refugees

It is devastating for a refugee claimant than when the Refugee Protection Division rejects their claim.  At that point, the person essentially has 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 of your … Read More