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The information provided on this website is for general informational purposes only and does not constitute legal advice. While we strive to keep the information accurate and up to date, Canadian immigration laws and policies are subject to change without notice. No visitor to this site should act or refrain from acting based on the content herein without first seeking appropriate professional advice from a licensed immigration consultant or lawyer.
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Federal Court Rules Immigration Officer Applied Wrong Standard in H&C Case
In a significant win for immigration applicants, the Federal Court ruled that an immigration officer applied an incorrect "exceptionality" standard when assessing a humanitarian and compassionate (H&C) application. The case, Olanipekun v. Canada (Citizenship and Immigration), 2025 FC 1255, highlights critical errors that can doom H&C applications and provides important guidance for future cases.
Navigating the Narrow Path: Understanding Deferral of Removal in Canada - Insights from Nam v. Canada (2025 FC 720)
The core of the Court's decision to order a redetermination lay in the Officer's inadequate assessment of the applicant's mental health. The case emphasizes that when mental health is presented as a reason for deferral, the evidence must be comprehensive and directly link the act of removal to a significant deterioration of the individual's well-being, potentially leading to self-harm. Simply stating a diagnosis is insufficient. The evidence must articulate how removal, specifically, would have a severe negative impact beyond the typical stress associated with such proceedings.
When "Settled" Works Against You: The Alabi Family and the May 6, 2025 Decision.
“For the reasons set out below, I find the Decision unreasonable and I grant the application." These powerful words from Madam Justice Go in the May 6, 2025 Federal Court decision concerning the [Alabi family] signal a significant moment in the consideration of H&C claims, particularly concerning the best interests of children and mental health.