Reported Cases
OUR SUCCESS STORIES
Sallai v. Canada
(Citizenship and Immigration), 2024 FC 1698
The Applicant is a citizen of Hungary and had his application for permanent residence on humanitarian and compassionate grounds (H&C) refused. He brought a judicial review in the Federal Court to challenge the decision. The court granted the application and directed that the matter be redetermined in accordance with the reasons on an expedited basis. The court established that the Officer erred in its assessment of the best interest of the child by finding that the child would “receive the minimum requirements of care” without the Applicant being in Canada and that the Officer erred in its hardship assessment by failing to consider the general risk faced by the Applicant in Hungary.
Anicio Da Silva v. Canada
(Citizenship and Immigration), 2024 FC 1113
The Applicant is a citizen of Brazil, and he was subject to a removal order. He brought a stay motion within the proceedings that challenged the negative decision of his spousal sponsorship. The court granted the stay and stopped the removal. Despite a previous finding of his inadmissibility against the Applicant, the court considered that the balance of convenience favoured granting the stay motion. The Applicant has also reached a favourable outcome in his application for judicial review.
Rodriguez Oliveira v. Canada
(Citizenship and Immigration), 2024 FC 1001
The Applicant was a minor child claiming refugee protection alone and her refugee claim was denied with a “no credible basis” finding. The Applicant brought an application for judicial review in the Federal Court to challenge the decision. The court established that the panel erred in its assessment of the evidence and failed to consider several documents that went directly to the core of the claim. The application was granted and the matter was sent back for redetermination.