| May - 2019 | |||
|---|---|---|---|
| Sr. no. | Case Name | Topic | Decision |
| 1 | Clement v. Canada (Citizenship and Immigration), 2019 FC 703 | Visitor Visa Refusal Upheld Where Applicant Failed to Establish Sufficient Economic and Social Ties to Ensure Departure from Canada | Unsuccessful |
| 2 | Alkhaldi v. Canada (Citizenship and Immigration), 2019 FC 584 | Visitor Visa Refusal and Five-Year Misrepresentation Finding Upheld Where Applicant Failed to Disclose Prior U.S. Visa Refusals | Unsuccessful |
| 3 | Kaur v. Canada (Citizenship and Immigration), 2019 FC 572 | Post-Graduation Work Permit Refusal Upheld Where Private Institution Program Led to a Certificate Rather Than a Degree | Unsuccessful |
| 5 | Nguyen v. Canada (Citizenship and Immigration), 2019 FC 718 | Spousal Sponsorship Refusal Upheld Where Inconsistencies Supported Finding That Marriage Was Not Genuine | Unsuccessful |
| 6 | Tan v. Canada (Citizenship and Immigration), 2019 FC 668 | Spousal SponsorshiP Appeal Dismissal Upheld Where Res Judicata Barred Relitigation of Family Class Eligibility | Unsuccessful |
| 7 | Singh v. Canada (Citizenship and Immigration), 2019 FC 641 | Spousal Sponsorship Refusal Upheld Where False Cohabitation Evidence Showed Couple Did Not Live Together | Unsuccessful |
| 8 | Thornton v. Canada (Citizenship and Immigration), 2019 FC 739 | Spousal H&C Refusal Set Aside Where Officer Failed to Provide an Intelligible H&C Analysis | Successful |
| 10 | Bonnardel v. Canada (Citizenship and Immigration), 2019 FC 712 | H&C Refusal Set Aside Where Officer Overemphasized Immigration Misconduct and Minimized Children’s Best Interests | Successful |
| 11 | Cumberbatch v. Canada (Citizenship and Immigration), 2019 FC 717 | H&C and TRP Refusals Set Aside for Inadequate BIOC Analysis and Wrong Hardship Test | Successful |
| 12 | Perez Fernandez v. Canada (Citizenship and Immigration), 2019 FC 628 | H&C Refusal Upheld Where Officer Reasonably Assessed Establishment, BIOC and Hardship in Mexico | Unsuccessful |
| 13 | Francois v. Canada (Citizenship and Immigration), 2019 FC 748 | H&C Refusal Set Aside for Inadequate BIOC Analysis and Speculation About De Facto Child’s Family Support | Successful |
| 14 | Trach v. Canada (Citizenship and Immigration), 2019 FC 747 | H&C Refusal Upheld Where Applicant Failed to Corroborate Military Draft Risk, Child Hardship and Canadian Establishment | Unsuccessful |
| 16 | Momi v. Canada (Citizenship and Immigration), 2019 FCA 163 | Parent Sponsorship Appeal Dismissed Where IAD Could Not Review the Merits of an ARC Refusal | Unsuccessful |
| 17 | Canada (Citizenship and Immigration) v. Abatneh, 2019 FC 576 | Parent Sponsorship IAD Decision Set Aside Where H&C Relief Was Considered Without First Determining Sponsor Eligibility | Successful |
| 18 | Yusuf v. Canada (Citizenship and Immigration), 2019 FC 714 | Permanent Residence (Federal Skilled Worker) Refusal Upheld Where Omission of Employment History Was Material Misrepresentation | Unsuccessful |
| 19 | Al Halabi v. Canada (Citizenship and Immigration), 2019 FC 760 | Permanent Residence / Removal Appeal Dismissal Upheld Where Serious Misrepresentation Outweighed H&C Factors and Child’s Best Interests | Unsuccessful |
| 20 | Mourato Lopes v. Canada (Citizenship and Immigration), 2019 FC 564 | Permanent Residence (Start-Up Visa) Refusal Upheld Where Applicant Failed to Show Sufficient Business Progress and Genuine Entrepreneurial Purpose | Unsuccessful |
| 21 | Nada v. Canada (Citizenship and Immigration), 2019 FC 590 | Mandamus – Citizenship Application Refused Where Minister Lawfully Suspended Processing Pending Investigation into Father’s Citizenship | Unsuccessful |
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst





