Decisions and Judgments

Mamann, Sandaluk & Kingwell LLP has extensive experience in complex immigration litigation and appellate advocacy. The following is a sample of recent decisions in cases where our lawyers appeared as counsel.

The Federal Court overturns a visa officer’s refusal to grant status to two orphans due to concerns that fraudulent documents had been provided to the Canadian High Commission.

The Federal Court quashes the decision of the Immigration Division to declare a person a member of a terrorist or subversive organization.

The Appeal Division of the Immigration and Refugee Board quashes a visa officer’s refusal to permit a Canadian citizen to sponsor her spouse to Canada.

The Appeal Division quashes the decision of a visa officer to find an applicant medically inadmissible.

The Federal Court quashes an officer’s decision to deny permanent residence on humanitarian and compassionate grounds to an alleged war criminal.

The Appeal Division of the Immigration and Refugee Board allows the appeal of a permanent resident who had been ordered deported due to his criminal record.

The Federal Court denies the Minister’s attempt to overturn a judge’s decision to grant Canadian citizenship.

The Appeal Division quashes the decision of a visa officer to deny a visas to a sponsored spouse and children, finding that they had not failed to disclose a prior common law relationship.

Leading Federal Court of Appeal case on the applicable standard of review of appeals before the Refugee Appeal Division

The Federal Court quashes an officer’s decision to deny permanent residence on humanitarian and compassionate grounds.

The Federal Court overturns a Federal Skilled Worker denial on the basis that the Applicant was not given a meaningful opportunity to respond to credibility and misrepresentation concerns due to lack of detail in the procedural fairness letter.

The Federal Court overturns a Pre-Removal Risk Assessment decision for failing to properly assess evidence of changed country conditions in Egypt.

The Federal Court overturned a negative Federal Skilled Worker decision on the basis that the Officer had not appropriately analyzed the employment duties against the National Occupational Codes.

The Federal Court overturns a visa officer’s decision and finds that the officer failed to consider the most important factor in the criminal rehabilitation application, which is whether or not the foreign national will re-offend and the period for which the applicant has been crime free is a necessary consideration.

The Federal Court quashes the decision of the Immigration Division to order a person deported for foreign criminality.

The Refugee Appeal Division granted an appeal and referred the matter back to the Refugee Protection Division (“RPD”) where credibility findings, on the claimant’s motives of joining and acquiring Falun Gong knowledge, were unreasonable.

The Federal Court overturns the decision of an officer to deny a Post-Graduate Work Permit.

The Appeal Division quashes the decision of a visa officer to deny a visa to a sponsored spouse, finding that their marriage is genuine.

The Federal Court overturns a refugee decision for failing to consider if fines can be persecutory if they have a coercive impact.

Supreme Court of Canada

The Supreme Court of Canada, Ottawa

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