International Law

Applications for Leave and Judicial Review

By immlawyer

I was before the Federal Court yesterday on two applications for leave and judicial review.

One involved a refusal by a visa officer of what can be termed an 'overseas humanitarian and compassionate application'. In essence, family in Canada sought to bring their widowed sister-in-law/daughter-in-law and their nephew/grand-child.

The Department of Justice sought to introduce an affidavit of the visa officer whose decision was under review. There exists clear case law dealing with this eventuality. I believe that we'll likely succeed on this application as (in my opinion anyway) there was a deficiency in the BIOC (best interests of the child) analysis and unreasonable findings.

I'm enclosing my notes of the one application - I don't read from a prepared statement and I believe that this lends itself to a more natural and flowing style. Download 20090520 notes

Full post as published by Canadian Immigration Blawg on May 21, 2009 (boomark / email).