Monday, November 28, 2011

Positive Cases February-July 2011

February 2011

Tomchin v. Canada (Citizenship and Immigration), 2011 FC 231

Cunanan v. Canada (Citizenship and Immigration), 2011 FC 220

Kaur v. Canada (Citizenship and Immigration), 2011 FC 219

Toussaint v. Canada (Citizenship and Immigration), 2011 FC 216 

JMS v. Canada (Citizenship and Immigration), 2011 FC 208 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc208/2011fc208.html)

Bledy v. Canada (Citizenship and Immigration), 2011 FC 210 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc210/2011fc210.html)

Zolotova v. Canada (Citizenship and Immigration), 2011 FC 193 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc193/2011fc193.html)

Singh Dhaliwal v. Canada (Citizenship and Immigration), 2011 FC 201 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc201/2011fc201.html)

Canada (Citizenship and Immigration) v. B386, 2011 FC 175  (http://www.canlii.org/en/ca/fct/doc/2011/2011fc175/2011fc175.html)

Martinez Paneque v. Canada (Citizenship and Immigration), 2011 FC 194 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc194/2011fc194.html)

Sunarti v. Canada (Citizenship and Immigration), 2011 FC 191 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc191/2011fc191.html)

Huot v. Canada (Citizenship and Immigration), 2011 FC 180 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc180/2011fc180.html)

Chiwara v. Canada (Citizenship and Immigration), 2011 FC 188 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc188/2011fc188.html)

Sirisena Kalansyriyage v. Canada (Citizenship and Immigration), 2011 FC 183 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc183/2011fc183.html)

Dieujuste-Phanor v. Canada (Citizenship and Immigration), 2011 FC 186 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc186/2011fc186.html)

Canada (Public Safety and Emergency Preparedness) v. Gyekye, 2011 FC 185 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc185/2011fc185.html)

Zheng v. Canada (Citizenship and Immigration), 2011 FC 181 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc181/2011fc181.html)

Q.A. v. Canada (Public Safety and Emergency Preparedness), 2011 FC 168 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc168/2011fc168.html)

Flores Alcazar v. Canada (Citizenship and Immigration), 2011 FC 173 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc173/2011fc173.html)

Abid v. Canada (Citizenship and Immigration), 2011 FC 164 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc164/2011fc164.html)

Akinmayowa v. Canada (Citizenship and Immigration), 2011 FC 171 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc171/2011fc171.html)

Grewal v. Canada (Citizenship and Immigration), 2011 FC 167 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc167/2011fc167.html)

Alexandre-Dubois v. Canada (Citoyenneté et Immigration), 2011 FC 189 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc189/2011fc189.html)

March 2011

Balili v. Canada (Public Safety and Emergency Preparedness), 2011 FC 396 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc396/2011fc396.html)

Bano v. Canada (Citizenship and Immigration), 2011 FC 401 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc401/2011fc401.html)

Spencer v. Canada (Citizenship and Immigration), 2011 FC 397 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc397/2011fc397.html)

Echeverri v. Canada (Citizenship and Immigration), 2011 FC 390 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc390/2011fc390.html)

Perez Vargas v. Canada (Citizenship and Immigration), 2011 FC 391 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc391/2011fc391.html)

Marino Gonzalez v. Canada (Citizenship and Immigration), 2011 FC 389 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc389/2011fc389.html)

Hamdar v. Canada (Citizenship and Immigration), 2011 FC 382 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc382/2011fc382.html)

Pasichnik v. Canada (Public Safety and Emergency Preparedness), 2011 FC 384 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc384/2011fc384.html)

Kamran v. Canada (Citizenship and Immigration), 2011 FC 380 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc380/2011fc380.html)

Ayala v. Canada (Citizenship and Immigration), 2011 FC 385 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc385/2011fc385.html)

Young Marr v. Canada (Citizenship and Immigration), 2011 FC 367 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc367/2011fc367.html)

Budakh v. Canada (Citizenship and Immigration), 2011 FC 374 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc374/2011fc374.html)

Ventura v. Canada (Citizenship and Immigration), 2011 FC 386 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc386/2011fc386.html)

John v. Canada (Citizenship and Immigration), 2011 FC 387 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc387/2011fc387.html)

Rabeya v. Canada (Citizenship and Immigration), 2011 FC 370 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc370/2011fc370.html)

Sandramoorthy v. Canada (Citizenship and Immigration), 2011 FC 358 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc358/2011fc358.html)

Warner v. Canada (Citizenship and Immigration), 2011 FC 363 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc363/2011fc363.html)

Torishta v. Canada (Citizenship and Immigration), 2011 FC 362 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc362/2011fc362.html)

Park v. Canada (Citizenship and Immigration), 2011 FC 353 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc353/2011fc353.html)

Bokhari v. Canada (Citizenship and Immigration), 2011 FC 354 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc354/2011fc354.html)

Canada (Citizenship and Immigration) v. Singh Gondara, 2011 FC 352 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc352/2011fc352.html)

Abebe v. Canada (Citizenship and Immigration), 2011 FC 341 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc341/2011fc341.html)

Sharma v. Canada (Citizenship and Immigration), 2011 FC 337 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc337/2011fc337.html)

Martinez Munoz v. Canada (Citizenship and Immigration), 2011 FC 325 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc325/2011fc325.html)

Canada (Citizenship and Immigration) v. B004, 2011 FC 331 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc331/2011fc331.html)

Parlak v. Canada (Citizenship and Immigration), 2011 FC 321 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc321/2011fc321.html)

Luna v. Canada (Citizenship and Immigration), 2011 FC 320 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc320/2011fc320.html)

Giraldo Cortes v. Canada (Citizenship and Immigration), 2011 FC 329 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc329/2011fc329.html)

Valencia Lourdes v. Canada (Citizenship and Immigration), 2011 FC 326 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc326/2011fc326.html)

Lin v. Canada (Citizenship and Immigration), 2011 FC 316 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc316/2011fc316.html)

Hamadi v. Canada (Citizenship and Immigration), 2011 FC 317 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc317/2011fc317.html)

Noor v. Canada (Citizenship and Immigration), 2011 FC 308 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc308/2011fc308.html)

Kim v. Canada (Citizenship and Immigration), 2011 FC 304 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc304/2011fc304.html)

Reyad Gad v. Canada (Citizenship and Immigration), 2011 FC 303 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc303/2011fc303.html)

Ramirez Meza v. Canada (Citizenship and Immigration), 2011 FC 274 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc274/2011fc274.html)

Miranda Ramos v. Canada (Citizenship and Immigration), 2011 FC 298 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc298/2011fc298.html)

Martinez de la Cruz v. Canada (Citizenship and Immigration), 2011 FC 259 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc259/2011fc259.html)

Martinez Garcia Rubio v. Canada (Citizenship and Immigration), 2011 FC 272 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc272/2011fc272.html)

Campos Quevedo v. Canada (Citizenship and Immigration), 2011 FC 297 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc297/2011fc297.html)

Raad v. Canada (Citizenship and Immigration), 2011 FC 256 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc256/2011fc256.html)

Arteaga Sanchez v. Canada (Citizenship and Immigration), 2011 FC 258 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc258/2011fc258.html)

St. Clair v. Canada (Citizenship and Immigration), 2011 FC 250 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc250/2011fc250.html)

Kamara v. Canada (Citizenship and Immigration), 2011 FC 243 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc243/2011fc243.html)

Arora v. Canada (Citizenship and Immigration), 2011 FC 241 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc241/2011fc241.html)

Ibrahim Dirar v. Canada (Public Safety and Emergency Preparedness), 2011 FC 246 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc246/2011fc246.html)

Martinez Munoz v. Canada (Citizenship and Immigration), 2011 FC 325 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc325/2011fc325.html)

Youssef v. Canada (Citizenship and Immigration), 2011 FC 399 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc399/2011fc399.html)

April 2011

Pena Torres v. Canada (Citizenship and Immigration), 2011 FC 500 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc500/2011fc500.html)

Es Sayyid v. Canada (Citizenship and Immigration), 2011 FC 489 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc489/2011fc489.html)

Glen v. Canada (Citizenship and Immigration), 2011 FC 488 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc488/2011fc488.html)

Reyes v. Canada (Citizenship and Immigration), 2011 FC 460 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc460/2011fc460.html)

Garcia Vasquez v. Canada (Citizenship and Immigration), 2011 FC 477 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc477/2011fc477.html)

Mescallado v. Canada (Citizenship and Immigration), 2011 FC 462 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc462/2011fc462.html)

Kargbo v. Canada (Citizenship and Immigration), 2011 FC 469 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc469/2011fc469.html)

Husain v. Canada (Citizenship and Immigration), 2011 FC 451 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc451/2011fc451.html)

Evans v. Canada (Citizenship and Immigration), 2011 FC 444 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc444/2011fc444.html)

Griffiths v. Canada (Citizenship and Immigration), 2011 FC 434 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc434/2011fc434.html)

Thamotharampillai v. Canada (Citizenship and Immigration), 2011 FC 438 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc438/2011fc438.html)

Weng v. Canada (Citizenship and Immigration), 2011 FC 422 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc422/2011fc422.html)

Walcott v. Canada (Citizenship and Immigration), 2011 FC 415 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc415/2011fc415.html)

Barrios Pineda v. Canada (Citizenship and Immigration), 2011 FC 403 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc403/2011fc403.html)

May 2011

Romhaine v. Canada (Citizenship and Immigration), 2011 FC 534

Valdez v. Canada (Citizenship and Immigration), 2011 FC 580

Canada (Citizenship and Immigration) v. Lopez Velasco, 2011 FC 627

Butcher v. Canada (Citizenship and Immigration), 2011 FC 619

Dhurmu v. Canada (Public Safety and Emergency Preparedness), 2011 FC 511 (http://canlii.org/en/ca/fct/doc/2011/2011fc511/2011fc511.html)

Beltran v. Canada (Citizenship and Immigration), 2011 FC 516 (http://canlii.org/en/ca/fct/doc/2011/2011fc516/2011fc516.html)

Ghirmatsion v. Canada (Citizenship and Immigration), 2011 FC 519 (http://canlii.org/en/ca/fct/doc/2011/2011fc519/2011fc519.html)

Zenawi Kidane v. Canada (Citizenship and Immigration), 2011 FC 520 (http://canlii.org/en/ca/fct/doc/2011/2011fc520/2011fc520.html)

Woldesellasie v. Canada (Citizenship and Immigration), 2011 FC 522 (http://canlii.org/en/ca/fct/doc/2011/2011fc522/2011fc522.html)

Weldesilassie v. Canada (Citizenship and Immigration), 2011 FC 521 (http://canlii.org/en/ca/fct/doc/2011/2011fc521/2011fc521.html)

El Ocla v. Canada (Citizenship and Immigration), 2011 FC 533 (http://canlii.org/en/ca/fct/doc/2011/2011fc533/2011fc533.html)

Liang v. Canada (Citizenship and Immigration), 2011 FC 541 (http://canlii.org/en/ca/fct/doc/2011/2011fc541/2011fc541.html)

Gnanaguru v. Canada (Citizenship and Immigration), 2011 FC 536 (http://canlii.org/en/ca/fct/doc/2011/2011fc536/2011fc536.html)

Vargas v. Canada (Citizenship and Immigration), 2011 FC 543 (http://canlii.org/en/ca/fct/doc/2011/2011fc543/2011fc543.html)

Uo v. Canada (Citizenship and Immigration), 2011 FC 557 (http://canlii.org/en/ca/fct/doc/2011/2011fc557/2011fc557.html)

Park v. Canada (Citizenship and Immigration), 2011 FC 564 (http://canlii.org/en/ca/fct/doc/2011/2011fc564/2011fc564.html)

Jardine v. Canada (Citizenship and Immigration), 2011 FC 565 (http://canlii.org/en/ca/fct/doc/2011/2011fc565/2011fc565.html)

Patel v. Canada (Citizenship and Immigration), 2011 FC 571 (http://canlii.org/en/ca/fct/doc/2011/2011fc571/2011fc571.html)

Kaya v. Canada (Citizenship and Immigration), 2011 FC 597 (http://canlii.org/en/ca/fct/doc/2011/2011fc597/2011fc597.html)

Brown v. Canada (Citizenship and Immigration), 2011 FC 585 (http://canlii.org/en/ca/fct/doc/2011/2011fc585/2011fc585.html)

Nasufi v. Canada (Citizenship and Immigration), 2011 FC 586 (http://canlii.org/en/ca/fct/doc/2011/2011fc586/2011fc586.html)

Demirtas v. Canada (Citizenship and Immigration), 2011 FC 584 (http://canlii.org/en/ca/fct/doc/2011/2011fc584/2011fc584.html)

Kwakye v. Canada (Citizenship and Immigration), 2011 FC 583 (http://canlii.org/en/ca/fct/doc/2011/2011fc583/2011fc583.html)

Daniel v. Canada (Citizenship and Immigration), 2011 FC 589 (http://canlii.org/en/ca/fct/doc/2011/2011fc589/2011fc589.html)

Amayeanvbo v. Canada (Citizenship and Immigration), 2011 FC 621 (http://canlii.org/en/ca/fct/doc/2011/2011fc621/2011fc621.html)

Randhawa v. Canada (Public Safety and Emergency Preparedness), 2011 FC 625 (http://canlii.org/en/ca/fct/doc/2011/2011fc625/2011fc625.html)

June 2011

Diaz v. Canada (Citizenship and Immigration), 2011 FC 705

Sow v. Canada (Citizenship and Immigration), 2011 FC 646

Prasad v. Canada (Citizenship and Immigration), 2011 FC 645

Adan v. Canada (Citizenship and Immigration), 2011 FC 655

Kikeshian v. Canada (Citizenship and Immigration), 2011 FC 658

Hogjeh v. Canada (Citizenship and Immigration), 2011 FC 665

Pourjamaliaghdam v. Canada (Citizenship and Immigration), 2011 FC 666

Farenas v. Canada (Citizenship and Immigration), 2011 FC 660

Quevedo Cruz v. Canada (Citizenship and Immigration), 2011 FC 680

Paz Ospina v. Canada (Citizenship and Immigration), 2011 FC 681

Nyota v. Canada (Citizenship and Immigration), 2011 FC 675

Guadaloupe v. Canada (Citizenship and Immigration), 2011 FC 679

Kaberuka v. Canada (Citizenship and Immigration), 2011 FC 698 

Singh Brar v. Canada (Citizenship and Immigration), 2011 FC 691

Faisal v. Canada (Public Safety and Emergency Preparedness), 2011 FC 685 

Gnanaseelan v. Canada (Citizenship and Immigration), 2011 FC 704 

I.M.P.P. v. Canada (Citizenship and Immigration), 2011 FC 712

Alvarez Castaneda v. Canada (Citizenship and Immigration), 2011 FC 724 

Luna Rojas v. Canada (Citizenship and Immigration), 2011 FC 710 

Otapo v. Canada (Citizenship and Immigration), 2011 FC 711

Anibal Diaz v. Canada (Citizenship and Immigration), 2011 FC 705

Isik v. Canada (Citizenship and Immigration), 2011 FC 718

Nagy v. Canada (Citizenship and Immigration), 2011 FC 723

Corneau v. Canada (Citizenship and Immigration), 2011 FC 722

Singh Sahota v. Canada (Citizenship and Immigration), 2011 FC 739 

Perez Arias v. Canada (Citizenship and Immigration), 2011 FC 757

Thangarajah v. Canada (Citizenship and Immigration), 2011 FC 754 

Martinez Caicedo v. Canada (Citizenship and Immigration), 2011 FC 749 

Kumar v. Canada (Citizenship and Immigration), 2011 FC 770

Lin v. Canada (Public Safety and Emergency Preparedness), 2011 FC 771 

Chirmatsion v. Canada (Citizenship and Immigration), 2011 FC 773

Xu v. Canada (Citizenship and Immigration), 2011 FC 784

Salazar v. Canada (Citizenship and Immigration), 2011 FC 777

Mangru v. Canada (Citizenship and Immigration), 2011 FC 779

Touraji v. Canada (Citizenship and Immigration), 2011 FC 780

Hazime v. Canada (Citizenship and Immigration), 2011 FC 793

Urrea Bohorquez v. Canada (Citizenship and Immigration), 2011 FC 808

July 2011

Castor Ruiz v. Canada (Citizenship and Immigration), 2011 FC 803

Zaree v. Canada (Citizenship and Immigration), 2011 FC 889

Romero Quiroz v. Canada (Citizenship and Immigration), 2011 FC 864

Sellathurai v. Canada (Public Safety and Emergency Preparedness), 2011 FCA 223

Canada (Citizenship and Immigration) v. Ekanza Ezokola, 2011 FCA 224 (Minister's appeal mostly denied)

Yu v. Canada (Public Safety and Emergency Preparedness), 2011 FC 819 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc819/2011fc819.html)

Mihura Torres v. Canada (Citizenship and Immigration), 2011 FC 818 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc818/2011fc818.html)

Warnakulasooriy v. Canada (Citizenship and Immigration), 2011 FC 830 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc830/2011fc830.html)

Gaziev v. Canada (Citizenship and Immigration), 2011 FC 826 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc826/2011fc826.html)

Firouz-Abadi v. Canada (Citizenship and Immigration), 2011 FC 835 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc835/2011fc835.html)

Jara Guerrero v. Canada (Citizenship and Immigration), 2011 FC 860 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc860/2011fc860.html)

Charles v. Canada (Citizenship and Immigration), 2011 FC 852 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc852/2011fc852.html)

Winifred v. Canada (Citizenship and Immigration), 2011 FC 827 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc827/2011fc827.html)

Cramer v. Canada (Citizenship and Immigration), 2011 FC 854 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc854/2011fc854.html)

Elahi v. Canada (Citizenship and Immigration), 2011 FC 858 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc858/2011fc858.html)

Mohan v. Canada (Citizenship and Immigration), 2011 FC 847 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc847/2011fc847.html)

Kinobe v. Canada (Citizenship and Immigration), 2011 FC 845 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc845/2011fc845.html)

Rojas v. Canada (Citizenship and Immigration), 2011 FC 849 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc849/2011fc849.html)

Kindie v. Canada (Citizenship and Immigration), 2011 FC 850 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc850/2011fc850.html)

Neheid v. Canada (Citizenship and Immigration), 2011 FC 846 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc846/2011fc846.html)

Jamil v. Canada (Citizenship and Immigration), 2011 FC 865 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc865/2011fc865.html)

Singh Gill v. Canada (Citizenship and Immigration), 2011 FC 863 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc863/2011fc863.html)

Adetunji v. Canada (Citizenship and Immigration), 2011 FC 869 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc869/2011fc869.html)

Chhetri v. Canada (Citizenship and Immigration), 2011 FC 872 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc872/2011fc872.html)

Zhuravel v. Canada (Citizenship and Immigration), 2011 FC 870 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc870/2011fc870.html)

Canada (Citizenship and Immigration) v. Mahjoub, 2011 FC 887 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc887/2011fc887.html) Minister's motion denied

Chernikov v. Canada (Citizenship and Immigration), 2011 FC 885 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc885/2011fc885.html)

Hadwani v. Canada (Citizenship and Immigration), 2011 FC 888 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc888/2011fc888.html)

Canada (Citizenship and Immigration) v. B031, 2011 FC 878 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc878/2011fc878.html) Minister's applications dismissed

Vassey v. Canada (Citizenship and Immigration), 2011 FC 899 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc899/2011fc899.html)

Ortiz Reyes v. Canada (Citizenship and Immigration), 2011 FC 903 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc903/2011fc903.html)

Botezatu v. Canada (Citizenship and Immigration), 2011 FC 917 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc917/2011fc917.html)

Mkrtchytan v. Canada (Public Safety and Emergency Preparedness), 2011 FC 921 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc921/2011fc921.html)

Alfaro v. Canada (Citizenship and Immigration), 2011 FC 912 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc912/2011fc912.html)

Medica v. Canada (Citizenship and Immigration), 2011 FC 927  (http://www.canlii.org/en/ca/fct/doc/2011/2011fc927/2011fc927.html)

Stephenson v. Canada (Citizenship and Immigration), 2011 FC 932 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc932/2011fc932.html)

Ru v. Canada (Citizenship and Immigration), 2011 FC 935 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc935/2011fc935.html)

Valencia v. Canada (Citizenship and Immigration), 2011 FC 939 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc939/2011fc939.html)

Aguilar Valdes v. Canada (Citizenship and Immigration), 2011 FC 959 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc959/2011fc959.html)

Kgaodi v. Canada (Citizenship and Immigration), 2011 FC 957 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc957/2011fc957.html)

Theophile v. Canada (Citizenship and Immigration), 2011 FC 961 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc961/2011fc961.html)

Shu v. Canada (Citizenship and Immigration), 2011 FC 958 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc958/2011fc958.html)

Mico v. Canada (Citizenship and Immigration), 2011 FC 964 (http://www.canlii.org/en/ca/fct/doc/2011/2011fc964/2011fc964.html)

Spencer v. Canada (Citizenship and Immigration) (2011 FC 397)

Level v. Canada (Citizenship and Immigration) (2010 FC 251)

Romhaine v. Canada (Citizenship and Immigration) (2011 FC 534)

Summary of February 2011 Cases Part 4: B386, Leal Alvarez, Demiraj

Canada (Citizenship and Immigration) v. B386, 2011 FC 140

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc140/2011fc140.html)

Judge: Chief Justice Lutfy; Date heard: January 19, 2011; Date decided: February 8, 2011; Counsel for B386: Gabriel Chand; Counsel for Minister: Hilla Aharon; Place of Hearing: Vancouver, British Columbia

This was a decision of the Federal Court upholding the decision of the Immigration Division releasing one of the persons who arrived on the MV Sun Sea. The  ID Member had allegedly erred by deciding that the person could be released with a bod and terms and conditions. She then offered Minister’s counsel a chance to cross-examine the bondsperson, and Minister's counsel declined. It is not clear from the decision what the Minister-Applicant's objection was to this, but it may have been the appearance that the decision had been made before the Minister's counsel was able to cross-examine the proposed bondsperson. In any event, the Court stated that detention reviews are often “rough-and-ready” proceedings and that both sides had made submissions, so this was not an error sufficient to overturn the decision.

The Minister-Applicant also argued that the Member had ignored the detained person’s possible vulnerability to smugglers or traffickers, having arrived by Canada on a boat, or the person’s ties to the community. On the contrary, the Court found that the Member had considered both these points.

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Leal Alvarez v. Canada (Citizenship and Immigration), 2011 FC 154

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc154/2011fc154.html)

Judge: Justice Rennie; Date heard: January 19, 2011; Date decided: February 9, 2011; Counsel for Leal Alvarez: Michael Crane; Counsel for Minister: Deborah Drukarsh; Place of Hearing: Toronto, Ontario

The Applicants were citizens of Colombia, and the principal Applicant was the only one alleging persecution, on the basis violence and threats from the guerilla group FARC. The RPD found against the Applicant on credibility: the Applicant was a secretary or assistant in a program run by the municipal government, and the RPD found that she was too low-placed to be targeted by FARC. Justice Rennie found the the RPD had erred in focusing on the Applicant’s job title and not the uncontested evidence that she worked with villages and displaced persons, specifically against FARC.

Justice Rennie also found that the RPD made two legal errors. the Applicant alleged she had been beaten and kidnapped by FARC, and the RPD stated that it needed “conclusive proof” of this event. The RPD also stated that it was not satisfied that the Applicant was targeted “on a balance of probabilities”. The Court noted that both of these tests are too high; the correct test is whether there is a “serious possibility of persecution or harm”.

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Demiraj v. Canada (Citizenship and Immigration), 2011 FC 161

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc161/2011fc161.html)

Judge: Justice Heneghan; Date heard: February 8, 2011; Date decided: February 10, 2011; Counsel for Demiraj: Jonathan Fedder; Counsel for Minister: David Cranton; Place of Hearing: Toronto, Ontario

The Applicants were Albanian citizens who claimed protection in Canada on the basis of a blood-feud. They submitted a PRRA and an H&C, both of which were denied. Justice Henghan upheld the negative PRRA, but on the H&C, found that the officer had applied the wrong test: “The Officer reasons that because there is state protection available in Albania, the Applicants face no risk to life, and therefore, that there will be no undue, undeserved or disproportionate hardship.” This conflation of the tests, and the underlying assumption that the existence of state protection means that there is no hardship is an error of law.

Saturday, November 26, 2011

Summary of February 2011 Cases Part 2: Moretto, Woldeghebrial, Paul

Moretto v. Canada (Citizenship and Immigration), 2011 FC 132

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc132/2011fc132.html)

Judge: Chief Justice Lutfy; Date heard: January 20, 2011; Date decided: February 4, 2011; Counsel for Moretto: Adrian Huzel; Counsel for Minister: Kimberly Shane; Place of Hearing: Vancouver, British Columbia

Mr. Moretto was an Italian citizen born in 1969, who had lived Canada since before his first birthday. In 1997, following a diagnosis of bipolar disorder, he began developing a criminal record, and in 2002 he became addicted to crack cocaine. In 2009 he was ordered removed, and his appeal to the IAD was unsuccessful.

This refusal by the IAD was the issue of the JR application. The Chief justice found that the IAD Member had misapprehended the evidence, in particular the hardship to Mr. Moretto if removed. The Member assumed that he could reintegrate into Italian society, despite his having only vague memories of a single vacation there. The Member did not properly consider how separation from his family would cause further deterioration of his condition, and wrongly assumed that this support could be taken over by his Italian relatives, whom he did not know. The Member also failed to consider Mr. Moretto’s relationship with his daughter.

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Woldeghebrial v. Canada (Citizenship and Immigration), 2011 FC 126

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc126/2011fc126.html)

Judge: Justice O’Reilly; Date heard: January 18, 2011; Date decided: February 4, 2011; Counsel for Woldeghebrial: Clifford Luyt; Counsel for Minister: Margherita Braccio; Place of Hearing: Toronto, Ontario

Ms. Woldeghebrial claimed protection on the basis of persecution in Ethiopia as a) a person of Eritrean ethnicity and b) a person with serious mental health challenges.

The RPD found that Eritreans are threated badly in Ethiopia, and denied basic rights, but found that this amounted to discrimination rather than persecution. Furthermore the RPD found that the mentally ill did not receive adequate treatment in Ethiopia and were persecuted as being “evil”, but that Ms. Woldeghebrial had family to care for her.

Justice O’Reilly found that the RPD erred in that it did not explain why the poor treatment of Eritreans could only be considered discrimination and not persecution, and furthermore failed to explain how the ability of her family to supplement inadequate medical care would protect her from persecution. Therefore the claim was ordered re-heard.

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Paul v. Canada (Citizenship and Immigration), 2011 FC 135

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc135/2011fc135.html)

Judge: Justice Boivin; Date heard: January 25, 2011; Date decided: February 7, 2011; Counsel for Paul: Viken G. Artinian; Counsel for Minister: Thi My Dung Tran; Place of Hearing: Montréal, Quebec

Justice Boivin overturned a negative decision of an H&C claim. The Applicants were a mother and son who had faced domestic abuse in St. Vincent. They had previous filed a refugee claim, which was denied. The Applicant’s were also subject to a removal order and an arrest warrant had been issued. While the issue was before the Court, the Applicants had presented themselves to CBSA and had been released. The Court considered the “clean hands” issue, and found that the facts were distinguishable from other cases, e.g. Wong v Canada (Minister of Citizenship and Immigration), 2010 FC 569, and that the Applicant’s had not been underground.

The Court also found that while the officer had properly set out the test for H&C, the test had not properly been applied. The officer set the threshold for risk too high. The officer conflated the H&C test with the test for the PRRA, and assessed risk instead of hardship.

Summary of February 2011 Cases Part 1: Allen, Gunaratnam, Aghdam

Canada (Public Safety and Emergency Preparedness) v. Allen, 2011 FC 124

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc106/2011fc106.html)

Judge: Justice Heneghan; Date heard: January 27, 2011; Date decided: February 3, 2011; Counsel for Allen: Omar Khan; Counsel for Minister: Maria Burgos; Place of Hearing: Toronto, Ontario

Justice Heneghan denied the Minister’s application to overturn the decision of the IAD staying a removal order against the Respondent Mr. Allen.

The Respondent was a PR and citizen of Jamaica with a criminal record in Canada including crimes of a sexual nature against a minor. A removal order was issued by the ID. Mr. Allen did not challenge the legal validity of the order, but asked the IAD to grant a stay on humanitarian and compassionate grounds. The IAD noted that the appellant had not had further problems since this release from custody three years previous, and was successfully receiving psychological treatment (the continuation of which was a condition of the stay of removal).

The Applicant stated that the IAD did not have expertise in weighing rehabilitation. The Court found, on the contrary, that all the factors in Ribic (as approved in Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3) and dismissed the application.

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Gunaratnam v. Canada (Citizenship and Immigration), 2011 FC 122

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc122/2011fc122.html)

Judge: Justice Mactavish; Date heard: January 26, 2011; Date decided: February 3, 2011; Counsel for Gunaratnam: Barbara Jackman; Counsel for Minister: Ada Mok; Place of Hearing: Toronto, Ontario

Justice Mactavish overturned the denial of a pre-removal risk assessment of the Applicant, who was a young male Tamil alleging persecution by the EPDP who believed he was an LTTE supporter. The PRRA officer made credibility findings against the Applicant because he had given his parents’ address as the same address since 2009, but also stated that they’d been in hiding. The Applicant stated to the Court that the address he gave was his parents’ permanent address.

Furthermore, the PRRA officer relied on documentary evidence that contradicted the Applicant’s application without putting the contradictions to the applicant. The Court noted that putting contradictory evidence to an applicant may be a requirement of procedural fairness, particularly where a) the contradictory evidence is not readily available in common sources, and b) the country is in a state of turmoil and country conditions rapidly changed (citing Pathmanathan v. Canada (Minister of Citizenship and Immigration), 2009 FC 885).

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Aghdam v. Canada (Public Safety and Emergency Preparedness), 2011 FC 131

(http://www.canlii.org/en/ca/fct/doc/2011/2011fc131/2011fc131.html)

Judge: Justice Mactavish; Date heard: February 2, 2011; Date decided: February 4, 2011; Counsel for Aghdam: Raoul Boulakia; Counsel for Minister: James Todd & Sybil Thompson; Place of Hearing: Ottawa, Ontario

Justice Mactavish granted a mandamus application for Ministerial Relief. Ms. Aghdam had applied for permanent residence in 1992, having been found to be a refugee in 1986. She was interviewed regarding her possible involvement in Mujahedin-e-Khalq (MEK), which is currently a listed terrorist entity. She was interviewed in 1993 and 1996. In 2000 she was advised that her application might be denied. She was interviewed again in 2001, which she believed but the Court disagreed was the time when Ministerial relief began to be considered.

In 2005, Ms. Aghdam filed a written application for Ministerial Relief (under a provision of the IRPA which states that a person who is technically inadmissible may be admitted to Canada if they satisfy the Minister that their presence would not be detrimental to the national interest). She was interviewed in 2005 and made further submissions in response to a negative recommendation. In the intervening 6 years, there did not appear to be movement on the file, and it did not appear that there was an ongoing investigation to justify the delay (although further submissions were made shortly before the hearing of the application).

The Court found that the delay was unreasonable. Furthermore, it found that it was so unreasonable that it made an award of costs against the Minister in the amount of $3500.