February 21, 2025

Federal Court Overturns Decision to Revoke Family’s Refugee Status

We are very pleased to share a significant victory for our clients—a family at risk of losing their refugee status due to an allegation of misrepresentation. Despite an initial decision by the Refugee Protection Division (RPD) to vacate their status, we successfully challenged the ruling at the Federal Court, ensuring our clients retain their protection while awaiting a fair hearing.

The Minister had applied to vacate their refugee status, leading to a hearing before the RPD. However, we identified serious flaws in the decision. Most notably, the Member failed to properly assess whether sufficient evidence existed at the time of their original refugee claim to justify protection—an essential requirement under section 109(2) of the Immigration and Refugee Protection Act (IRPA). Our team meticulously prepared and filed extensive legal arguments with the Federal Court to challenge this unfair decision.

Recognizing the strength of our case, the Department of Justice agreed to settle early in the court process. As a result, the decision to revoke our clients’ refugee status has been set aside, and they will have a new hearing before a different Member. This means they continue to hold their refugee status and will have another opportunity to present their case fairly.

This outcome is a huge relief for our clients, who now have a fresh chance to maintain their protection in Canada. We remain committed to fighting for those facing unjust decisions and ensuring that every refugee claimant receives a fair and just process.