7,645 result(s)
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6,601.
Castillo Afable v. Canada (Citizenship and Immigration) - 2010 FC 1317 - 2010-12-21
Federal Court Decisions[15] I shall deal first with the issue of whether the supplementary affidavit will be admitted into evidence. [...] The law is clear that judicial review applications are to be conducted strictly on the evidence that was before the decision-maker, unless the additional evidence pertains to questions of procedural fairness or jurisdiction: see, e.g., Vasquez Encinas v. Canada (Citizenship and Immigration), 2006 FC 61.
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6,602.
Aleksic v. Canada (Citizenship and Immigration) - 2010 FC 1285 - 2010-12-14
Federal Court Decisions[31] The Applicant submits that the IAD ignored the evidence of hardship her father would face with air travel, and the financial impact she would deal with if she had to move back to Serbia to be with her parents. [...] 6. Is it the visa officer or the medical officer that needs to resolve all of the medical and non-medical information contained in the fairness letter?
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6,603.
Bageerathan v. Canada (Citizenship and Immigration) - 2009 FC 513 - 2009-05-21
Federal Court DecisionsThe Court has retained jurisdiction to deal with any issues which may arise that affect the mandatory order. [...] [25] Breaches of the rules of natural justice or of procedural fairness are governed by the standard of review of correctness (Juste v. Minister of Citizenship and Immigration, 2008 FC 670, paragraphs 23 and 24; Bielecki v. Minister of Citizenship and Immigration, 2008 FC 442, paragraph 28; Hasan v. Minister of Citizenship
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6,604.
Bondoc v. Canada (Citizenship and Immigration) - 2008 FC 842 - 2008-07-08
Federal Court Decisions[16] The HRSDC deals exclusively with the employer in Canada, and therefore is not responsible for assessing the bona fides of the employment contract. [...] The applicant has also failed to convince the Court that the visa officer breached procedural fairness in failing to provide adequate reasons for this finding.
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6,605.
Moss v. Canada - 2008 FC 768 - 2008-06-19
Federal Court DecisionsOf particular concern is the portion of the contracts referred to as settlement options which deal with the types of benefits which can be paid to the holder upon maturity. [...] [13] Given that Ms. Moss is an unrepresented litigant and the present litigation proceeded as a simplified action, I find that a fair and just award of costs in favour of Minister be limited to the all encompassing amount of $1,000.
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6,606.
Rae v. Electoral Officer of Canada - 2008 FC 246 - 2008-02-25
Federal Court DecisionsSection 16 of the Act requires him to ensure that all election officers act with fairness and impartiality and in compliance with the Act. He is vested with all the powers necessary to perform his duties and functions in administering the Act. Section 17 even gives him, during an election period, if an emergency, an unusual [...] [22] Previous cases dealing with the role of the Chief Electoral Officer under the Canada Elections Act were considered by Madam Justice Heneghan in Sinclair v. Conservative Party of Canada, 2004 FC 1628, 2004 F.C.J. No. 1966 (QL).
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6,607.
Chowdhury v. Canada (Citizenship and Immigration) - 2008 FC 18 - 2008-01-08
Federal Court Decisions[3] The AL was in control of the Bangladeshi government from 1996 to 2001, when a caretaker government was appointed with the mandate to hold a fair election. [...] [21] It is trite law that the appropriate standard of review when dealing with findings of fact made by the Board in the context of an IFA is patent unreasonableness: see Ali v. Canada (Minister of Citizenship and Immigration), 2001 FCT 193; Ezemba v. Canada (Minister of Citizenship and Immigration), 2005 FC 1023; Chorny v.
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6,608.
Akinbowale v. Canada (Citizenship and Immigration) - 2007 FC 1221 - 2007-11-26
Federal Court Decisions[11] However, on questions of procedural fairness, the appropriate standard is correctness. [...] [5] In my view, it was an error in law for the immigration officer to have concluded that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
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6,609.
Abdellah v. Canada (Citizenship and Immigration) - 2007 FC 786 - 2007-07-27
Federal Court Decisions[12] Furthermore, the PRRA officer reviewed the objective documentation on the situation of homosexuals in Algeria (including the documents submitted by the applicant and other, more recent documents that deal with the situation in Algeria) and found that it did not establish that homosexuals are victims of persecution in [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control.
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6,610.
Apotex inc. v. Wellcome Foundation Limited - 2007 FC 236 - 2007-03-01
Federal Court DecisionsFollowing the provision of those answers, the parties agreed that the second round of Dr. Sherman’s examination dealing with the answers given, and questions arising therefrom, would be continued by way of written interrogatories. [...] 5. Before requiring an answer to a discovery question, the court should weigh the probability of the usefulness of the answer against the time, trouble, expense and difficulty which might be involved in obtaining it: "One must look at what is reasonable and fair under the circumstances..."
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6,611.
Shaikh v. Canada (Citizenship and Immigration) - 2007 FC 110 - 2007-02-01
Federal Court DecisionsThe imposition of time limits to dispute the validity of a legal decision is of course meant to give effect to a basic idea of our legal thinking that, in the interest of society as a whole, litigation must come to an end (interest reipublicae ut sit finis litium), and the general principles adopted by the courts in dealing [...] There is a public interest in having a system which operates in an efficient, expeditious and fair manner and which, to the greatest extent possible, does not lend itself to abusive practices.
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6,612.
S.A. v. Canada (Minister of Citizenship and Immigration) - 2006 FC 515 - 2006-04-27
Federal Court Decisionsb. Failed to observe a principle of natural justice, procedural fairness or other procedure that she is required by law to observe; [...] While we are certainly not dealing here with a "regulated industry", I am satisfied that, by analogy, quoted paragraph [20] is applicable on the facts of this matter.
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6,613.
Balde v. Canada (Minister of Citizenship and Immigration) - 2006 FC 438 - 2006-04-06
Federal Court DecisionsS'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer. [...] [18] The Board then seriously doubted that a visa officer could make such a gross mistake by not noting that the person he was dealing with was not the same person who was the bearer of the Guinean passport and the pictures submitted to obtain the visa.
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6,614.
Atabaki v. Canada (Minister of Citizenship and Immigration) - 2005 FC 969 - 2005-07-11
Federal Court Decisions[2] Did the panel fail to observe a principle of natural justice or procedural fairness, act without or beyond its jurisdiction, or otherwise base its decision on erroneous findings of fact or law in reaching its determination that the Applicant was inadmissible? [...] While this argument was not pursued before me, I will briefly deal with it since it has an impact on the other issues;
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6,615.
9101-9380 Québec Inc. v. Canada (Canada Customs and Revenue Agency) - 2005 FC 929 - 2005-06-30
Federal Court Decisions. . . . . 9. (1) Le titulaire qui souhaite faire renouveler sa licence ou son agrément présente une demande de renouvellement au ministre sur le formulaire approuvé par lui, au moins trente jours avant la date d'expiration de la licence ou de l'agrément. [...] Second, the procedure used by the Agency in dealing with its application for renewal was unfair, because it did not give Tabacs Galaxy an opportunity to make submissions in opposition to the decisions made to suspend and cancel the tobacco licence.
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6,616.
Li v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1695 - 2004-12-03
Federal Court Decisionsfor judicial review be dismissed, as the applicant had not demonstrated that the decision challenged here was fundamentally flawed, was reached through improper considerations, was made in bad faith or without regard to legal principles, or was made in violation of the duty of fairness owed to him in the circumstances. [...] [47] I need not deal with the other issue raised by the applicant. [48] Neither party wished to submit a serious question of general importance for my consideration for certification.
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6,617.
AB Hassle v. Genpharm Inc. - 2004 FC 892 - 2004-06-22
Federal Court DecisionsI will address the requests with respect to item 14(b) and item 24 because, in the absence of directions from the court, the assessment officer does not have authority to deal with them. [...] The arguments were divided between two counsel and it is both reasonable and fair to allow the second counsel fees.
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6,618.
Ahmed v. Canada (Minister of Citizenship and Immigration) - 2004 FC 251 - 2004-02-19
Federal Court Decisionsb. the Officer breached the rules of procedural fairness by rejecting the application on grounds that he concealed from the Applicant; [...] 3. The Applicant was not notified before the interview that he would have to deal with particular problems of concern to the Officer, such as lack of adequate experience, credibility and the reference letters submitted by the Applicant;
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6,619.
Selvakumaran v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1445 - 2003-12-11
Federal Court DecisionsOtherwise, she will not be assured that the Board has given "full and fair consideration" to the relevant evidence: Randhawa v. Canada (Minister of Citizenship and Immigration), 2003 FCT 418, [2003] F.C.J. No. 595 (QL) (T.D.), at para. 11. [...] In my view, those cases deal with a different situation. There, the absence of a transcript prevented persons from pursuing legal remedies in supervisory courts, by way of judicial review or appeal.
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6,620.
Brito v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1379 - 2003-11-25
Federal Court Decisions(1) The Immigration Officer failed to observe a principle of natural justice, procedural fairness, or other procedure that he was required by law to observe; [...] However, as noted by the respondent, the applicant has not received a Notice to Report for Removal, so this request is premature, and I will therefore not deal with it.
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6,621.
Lim v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 378 - 2003-03-31
Federal Court DecisionsThe applicant was then sent a "fairness letter" dated December 15, 2000, inviting him to submit further evidence concerning the medical condition of his daughter. [...] · Amount of self-care of which she is capable, ability to perform the activities of daily living and practical skills (work record when dealing with adults): She has some problems in face of complex, difficult situation because her IQ is lower than average, but currently, she is doing well in school life and general affairs
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6,622.
Kanagasabapathy v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 78 - 2003-01-27
Federal Court DecisionsDoes that seem fair?", the Applicant did not answer the question but stated that he "wanted to leave the country at any cost" and that this might be the reason for differences in his oral testimony, PIF and immigration visa form. [...] The panel noted that in his dealings with Canadian immigration authorities, the Applicant presented contradictory evidence concerning the last time he saw his wife and children and his ability to speak English.
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6,623.
Schwarz Hospitality Group Ltd. v. Canada (Attorney General) - 2002 FCT 808 - 2002-07-19
Federal Court DecisionsHowever, time limits in rules dealing with summary matters are not to be ignored without some reasonable justification. [...] On the other hand, to deny the time extension to file the Schwarz affidavit, would do justice for the Respondent, but would make the Applicant's case fairly difficult, for as matters presently stands, there would be no documents before the Court.
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6,624.
Gabriel v. Mohawk Council of Kanesatake - 2002 FCT 483 - 2002-04-29
Federal Court DecisionsThe Code called for the democratic election of Council members for a three-year term, in accordance with stringent rules to assure fair elections using a secret ballot. [...] In my view the law concerning wrongful dismissal, and damage awards for that, deals with situations of employer-employee relations and it does not provide for remedies for loss of elective office.
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6,625.
Sharpe v. Canada (Human Rights Commission) - 2001 FCT 1130 - 2001-10-18
Federal Court Decisionsd) the Commission failed to observe a principle of natural justice, procedural fairness, or other procedure that it was required by law to observe; [...] As the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.