Category: Administrative Law Cases

The Court set aside a decision where the tribunal relied on an immigration form that was not translated to the applicant.

The Court refused to consider a judicial review and dismissed it due to the repeated breaches of immigration law by the applicant that included failure to report for removal.

The court set aside a refusal based on failure to provide identity documents holding that the officer failed to exercise his discretion to consider alternate proof under section 178.

The Court found a breach of natural justice when the PIF of the applicant's ex husband was in her file. This ought not to have formed part of the file and hence the applicant was denied a fair hearing.

The Court set aside a decision when the PRRA officer applied the wrong risk standard The COurt also found that as credibuility was at issue an oral hearing ought to have been convened.

The Court ordered a stay of proceedings when it found that the delay resulted in prejudice and found the proceedings to be an abuse of process.

The court upheld a finding of inadmissibility holding that although duress could apply to membership the tribunal did not err in concluding that the applicant's membership was not under duress

The Court found a decision that a marriage was not genuine to be unreasonable because the officer ignored evidence that pointed to the marriage and made improper findings of credibility because the inconsistencies pointed to were not significant

The Court dismissed an application to reconsider an order. The applicant on the motion had argued that as the court had decided the matter on an issue not raised in the appeal he should be allowed to seek certification. The Court dismissed the motion holding there was no new matter allowing for reconsideration.

The court set aside a decision of the Appeal Division because the applicant an unrepresented appellant was denied the right to present his case. the court granted costs because the Minister ought to have consented.