Decisions and Judgments

Mamann, Sandaluk & Kingwell LLP has extensive experience in complex immigration litigation and appellate advocacy. Members of our firm are available to attend in person, by video and telephone conference at immigration hearings and appeals. The following is a sample of recent decisions in cases where members of our firm appeared as counsel.

The case name is provided below where the proceeding was, by operation of law, a matter of public record.

Djordevic v. Canada (Citizenship and Immigration), 2014 FC 13 – Overturning the refusal of a Pre-Removal Risk Assessment application based on the unreasonableness of the Officer’s assessment of the evidence.

Balazuntharam v. Canada (Citizenship and Immigration), 2013 FC 1286 – Granting a motion to stay the execution of a deportation order for a Convention refugee pending the judicial review of a danger opinion.

Burton v. Canada (Citizenship and Immigration), 2013 FC 549 Overturning a decision of a Pre- Removal Risk Assessment officer based on the unreasonableness of his state protection analysis.

Joseph v. Canada (Citizenship and Immigration), 2013 FC 993 Overturning a decision by an Immigration Officer to reject a Humanitarian and Compassionate application. The Court held that the Officer erred in assessing the children’s best interests and our clients’ establishment in Canada.

Diabate v. Canada (Citizenship and Immigration), 2013 FC 129 Overturning a decision by an Immigration Officer to reject a Humanitarian and Compassionate application. The court held that it was not required for the Applicant to establish that the circumstances that he would face were not generally faced by others in his country.

Quieto v. Canada (Public Safety and Emergency Preparedness), 2012 52042 (IRB) Quashing a Deportation Order made against a Permanent Resident of Canada. The Appellant, who had lived in Canada for many years, filed a motion to reopen his appeal after it had been dismissed, but prior to his deportation. The Tribunal heard the Appellant’s case while he was in Portugal after being satisfied that there were sufficient Humanitarian and Compassionate considerations, the Tribunal allowed his appeal and ordered that he be permitted to return to Canada as a Permanent Resident.

Hoang v. Canada (Citizenship and Immigration), 2012 92863 (IRB) Setting aside a decision to refuse the Appellant’s application to sponsor his spouse to Canada after the Tribunal is satisfied that the husband and wife are in a genuine spousal relationship.

Dubinsky v. Canada (Citizenship and Immigration), 2012 64256 (IRB) Setting aside a decision to refuse the Appellant’s application to sponsor her spouse to Canada after the Tribunal is satisfied that the husband and wife are in a genuine spousal relationship.

Brown v. Canada (Citizenship and Immigration), 2012 FC 1305 Overturning a decision of a Pre- Removal Risk Assessment officer based in part on the negligence of his former counsel, an immigration consultant.

Bell v. Canada (Citizenship and Immigration), 2012 FC 783 Overturning a decision by the Immigration Appeal Division because it breached natural justice by proceeding when the Applicant was not ready.

Osisanwo v. Canada (Citizenship and Immigration) 2011 FC 1126 Overturning a Visa Officer’s decision to deny a person’s application to sponsor his parents and disabled brother to Canada due to an alleged misrepresentation concerning the parentage of the sponsor’s brother. The court held that the Applicants had not made a material misrepresentation of fact because they had no knowledge of the fact that constituted the misrepresentation.

Leobrera v. Canada (Minister of Citizenship and Immigration) 2010 FC 587 Overturning a decision by a visa officer refusing an application for permanent residence in Canada made on humanitarian and compassionate grounds, on the basis that the officer had erred in his assessment of the best interests of a child directly affected by the decision.

Kang Eun Gu v. Canada Minister of Citizenship and Immigration) 2010 FC 522 Overturning a visa officer’s decision to deny an application for temporary admission to Canada on the basis that the Applicant lacked the requisite ‘temporary intent’ upon entering Canada, on the basis that the officer’s decision was both unreasonable and also not in accordance with the Act.

Ferrer v. Canada (Minister of Citizenship and Immigration) (2009) FC 356 Overturning a decision of the Immigration Appeal Division dismissing the appeal of a Permanent Resident who was inadmissible for having made a material misrepresentation to Immigration Canada.

Blake v. Canada (Minister of Public Safety and Emergency Preparedness) IADD TA7-13571 Granting a stay of execution of a removal order against a permanent resident who had been convicted of serious firearms offences.

Mahant v Canada (Minister of Citizenship and Immigration) IADD TA7-03356 Overturning the decision of a visa officer refusing a family class application where the Canadian sponsor suffered from Asperger’s syndrome.

Waweru v. Canada (Minister of Citizenship and Immigration) IADD TA7-06788 Overturning the decision of a visa officer refusing a sponsorship application where a sponsor was alleged not to have disclosed the existence of his child when he became a landed immigrant, and preventing his examination.

Leaf Break