Canada Immigration Case-law V Khan. Canada, CITIZENSHIP — Appeal

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Judgement of this case: Click Here! CITIZENSHIP — Appeal — Foreign national filed citizenship application on February 26, 2013 — Relevant period for determining residency was February 26, 2009 to February 26, 2013 — Foreign national declared 495 days of absence for total of 965 days of physical presence, which constituted shortfall of 130 days from statutory threshold of 1095 …

Canada Immigration Case law Lewis v Canada, IMMIGRATION — Exclusion and expulsion — Removal orders

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Judgement of this Case: Click Here! IMMIGRATION — Exclusion and expulsion — Removal orders — Applicant was Guyanese national who came to Canada in 1966 and had lived in Canada as permanent resident for almost his entire life — Applicant had criminal record with four assault convictions — Last conviction in 2003 resulted in admissibility hearing where he was granted …

Canada Immigration Case-law Tang, IMMIGRATION — Selection and admission — Permanent residence applications

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Judgement of this case: Click Here! IMMIGRATION — Selection and admission — Permanent residence applications — Applicant applied for residence in Quebec as immigrant investor — Minister denied application — Minister maintained decision after administrative review — Applicant asserted selection process was flawed and she was denied fair hearing by immigration officials who did not give her opportunity to present …

Canada Immigration Case-law Cruze c. Canada, IMMIGRATION — Refugee status — Procedure

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Judgement of this case: Click Here! IMMIGRATION — Refugee status — Requirements — Applicant was Bangladeshi Christian who worked as head chef at hotel — Applicant claimed to have been harassed and threatened by H who was subordinate chef and union leader — Applicant came to Canada on temporary work permit and when it expired brought refugee claim — Refugee …

Canada Immigration Case-law Warssama v. Canada, IMMIGRATION — Exclusion and expulsion — Detention

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Judgement of this Case: Click Here! IMMIGRATION — Exclusion and expulsion — Detention — After applicant’s refugee claim was denied, he was allowed to remain in Canada on humanitarian and compassionate grounds until he became inadmissible for criminality — Applicant was ordered deported — Applicant was detained for immigration purposes for five years, due to his refusal to sign declaration …

Canada Immigration Case-law Villaumé v. Canada, CITIZENSHIP — General

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Judgement of this case: Click Here! CITIZENSHIP — General — Citizenship Judge granted citizenship to V on basis that although not physically present for three out of four years he was present in spirit — Minister applied for judicial review — V did not file appearance but was present at hearing and allowed to be heard — Application granted — …

Canada Immigration Case-law Tung v. Canada, IMMIGRATION — Refugee status — Procedure

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Judgement of this Case: Click Here! IMMIGRATION — Refugee status — Procedure — Cessation of refugee status — Denial of adjournment request — In April 2014, Minister applied to Immigration and Refugee Board to cease foreign national’s refugee status — At that time, foreign national was out of country — Foreign national learned about Minister’s application in early June 2014 …

Canada Immigration Case-law Tamayo c. Canada, IMMIGRATION — Refugee status — Procedure

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Judgement of this Case: Click Here! IMMIGRATION — Refugee status — Procedure — Applicant, citizen of Cuba, was refused convention refugee status on ground testimony not included in information in Personal Information Form (PIF) — Counsel for applicant had filled out PIF but had made omissions as applicant had filled out form in Spanish and did not have interpreter — …

Canada Immigration Case-law Sandhu v. Canada, IMMIGRATION — Selection and admission — Sponsorship

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Judgement of this case: Click Here! IMMIGRATION — Selection and admission — Sponsorship — Sponsor applied to sponsor his Indian spouse for permanent residency — Application was denied by visa officer on basis of concern that marriage was not genuine and had been entered into primarily to acquire immigration status — Board upheld that decision on basis of its own …

Canada Immigration Case-law Pham Canada, IMMIGRATION — Selection and admission — Permanent residence applications

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Judgement of this Case: Click Here! IMMIGRATION — Selection and admission — Permanent residence applications — Officer reconsidering application could not revisit legal and factual findings of previous officer without providing applicant with notice and the opportunity to respond — Officer did not provide applicant with opportunity to respond — Applicant sought judicial review — Application granted — Decision was …