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The Minister of Citizenship and Immigration issued a security certificate under section 34 of the Immigration and Refugee Protection Act (IRPA) for Mohamed Harkat, an Algerian living in Canada, on the basis that they reasonably believed he was supporting terrorist activity. The certificate was reviewed by a Federal Court judge under section 77 ...
Canada's Registrar of Citizenship held that the statute barred Vavilov from receiving citizenship. The Federal Court agreed with the Registrar. Then Vavilov filed an appeal to the Federal Court of Appeal which was allowed. The Minister of Citizenship and Immigration appealed that decision to the Supreme Court of Canada, which dismissed the ...
After being released, he flew to Canada with the assistance of a prison chaplain and claimed refugee status. The Immigration and Refugee Board accepted his claim but the Federal Court of Appeal subsequently rejected it, causing Ward to appeal to the Supreme Court of Canada, which heard the case in 1992. [4]
Courts should give a measure of deference to administrative tribunal decisions. Statutorily defined grounds of review are not necessarily the same as the standard of review. "Reasonableness" is the standard of review to be applied to reviewing decisions of the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Court ...
The Appeal Division had jurisdiction to hear appeals of decisions of the Trial Division, as well as to determine applications for judicial review of decisions made by specific boards and tribunals, set out in section 28 of the Federal Court Act. Decisions of the Appeal Division could be appealed to the Supreme Court of Canada, but only if leave ...
Canada (Minister of Employment and Immigration) v Chiarelli, [1992] 1 S.C.R. 711 is a leading Canadian case on the constitutionality of the deportation regime.The court held that the deportation a permanent resident who has violated a condition of admission to Canada does not violate any principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.
The Board of Immigration Appeals affirmed the revocation, affirming that USCIS’s determination that the husband had entered into a prior sham marriage that would have prevented the initial visa ...
On appeal, the Supreme Court of Canada reversed this decision. It held that procedural fairness required the decision-maker to consider the human rights of Baker's children. Children's human rights are outlined in the international Convention on the Rights of the Child. The Supreme Court said that decision-makers must be "reasonable".