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Court rules: Majority ownership and acting as President of the Canadian company are not eligible for the Canadian Experience Class PR application.

It is a known fact that self-employment in Canada on its own does not meet the requirements to immigrate to Canada under the Canadian Experience

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Jenny Rokhline February 13, 2017

Canada (CIC) v Esfand, 2015 FC 1190: Dependent Family Member of a Convention Refugee who’s Claim was Determined by a Visa Office Abroad is not a Convention Refuge under IRPA.

The Court concludes that a dependent family member who obtained a permanent resident status as an accompanying family member of a Convention refugee determined by

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Legally Canadian October 28, 2015

Confirmation of provincial support is not sufficient to trump federal officer’s assessment of an application. Shaukat v Canada, 2015 FC 1120

The Applicants sought to set aside a decision from a Visa Officer in London rejecting their application for permanent residency under the provincial nominee class.

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Jenny Rokhline October 6, 2015

Awet v Canada, 2015 FC 759 : The debate continues regarding admission of new evidence before the RAD – Justice Barnes: the test is more generous than for a PRRA.

On June 17, 2015, Justice Barnes contributed to the discussion concerning the test for admission of the new evidence before the newly created Refugee Appeal

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Legally Canadian July 2, 2015

Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36

  The Supreme Court of Canada ruled that the definition of the “national interest” is broader than public safety and national security.  As such, it

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Legally Canadian August 9, 2013

The caselaw on the two-pronged test under subsection 4(1) of Immigration and Refugee Protection Regulations, the “bad faith” marriage test

The following research of the caselaw explores the difference between the two prongs of the bad faith marriage test under the Immigration and Refugee Protection

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Legally Canadian June 25, 2013

The Best Interests of Children is an Important Factor in Discretionary Decision-making but it is Just One of the Factors: Baker V Canada (MCI), [1999] 2 SCR 817

In this case the Supreme Court has looked at the role of the best interests of children in humanitarian and compassionate [H&C] decisions. The case

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Legally Canadian January 4, 2013

Two times a charm? FC overturns IRB’s decision for the second time.

For the second time the Federal Court overturned the Immigration and Refugee Board’s decision denying applicant’s asylum claim, Ottawa Citizen reports. Gabino Zacarias fled his

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Jenny Rokhline October 17, 2012

Correctness and Reasonableness are the Two Standards for Judicial Review of Administrative Tribunal Decisions: Dunsmuir v New Brunswick, [2008] 1 SCR 190

This seminal case lays out a standard for judicial intervention of administrative tribunal decisions.  Dunsmuir arises out of a labour dispute, but the standard of

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Legally Canadian June 29, 2012
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