In many cases, refugee claimants who are unsuccessful at the Refugee Protection Division have the right to file an appeal before the Refugee Appeal Division (RAD). If unsuccessful at the RAD, claimants…
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The case of Tennant is an example of the reviewing court using its exceptional power “to substitute its view for that of the administrative decision-maker, provided that certain conditions are met”.[1] Tennant…
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Last week the government of Canada was reported to be reviewing the views of the UN Human Rights Committee on Canada’s Interim Federal Health Plan (IFHP). The success of Nell Toussaint’s UN…
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There is no absolute right to have a foreign pardon or expungement recognized in Canada. This is a surprise to many applicants that often leads them to answer “no” on forms related…
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In 2008, the Supreme Court of Canada essentially abandoned the old system and reconsidered the standard of review in Dunsmuir v. New Brunswick which has now arguably become one of the most…
Continue ReadingOn Tuesday of last week, the Federal Court of Appeal upheld the decision striking down the ban on face coverings at Canadian citizenship ceremonies (2015 FCA 194). The Federal Court deemed the…
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A number of certified questions are before the Federal Court of Appeal. Of those, excluding refugee matters, I find these five particularly interesting: 1. Is the disjunctive element of subsection 4(1) of the Immigration…
Continue ReadingSubsection 34(1)(f) of the Immigration and Refugee Protection Act can be used to render an individual inadmissible to Canada for membership in an organisation that has acted contrary to subsections 34(1)(a) to…
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Posted by: Mario D. Bellissimo The Honourable Denis Gascon, a lawyer with Norton Rose Fulbright Canada in Montréal, is appointed a judge of the Federal Court to replace Mr. Justice D.J. Rennie,…
Continue ReadingThe Canadian Federal Court of Appeal is currently considering an appeal of the seminal decision in Canadian Doctors for Refugee Care v. Attorney General of Canada and Minister of Citizenship and Immigration (2014) FC…
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