International Law

Federal court

By immlawyer

This month has been very busy in terms of federal court applications. I have filed a number of applications in respect of 117.9.d refusals. Remember that an appeal to the IAD on such matters is unlikely to succeed. The only recourse is a review of the officers decision by the federal court. I have also just filed an application in respect of a refused overseas humanitarian and compassionate application. At the end of the month will be an attempt to judicially stay the removal of an individual slated to catch a flight out of Canada.

Statistically speaking, less than 20% of leave applications are granted. Once leave is granted, there is a higher probability of succeeding. The matter is returned to a different decision maker. The court does not substitute a different finding.

The stay is an extraordinary remedy and rarely granted.

Sent from my BlackBerry® wireless device

Full post as published by Canadian Immigration Blawg on October 18, 2008 (boomark / email).