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FCTD

Yang v. Canada (Citizenship and Immigration), 2019 FC 1237

They came to Canada on student visas in 2003 and 2005, respectively. They are both Canadian permanent residents and have three Canadian-born children (two daughters and one son). ... Diner" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1095-19   STYLE OF CAUSE: TING YANG, JIAN PING LI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION   PLACE OF HEARING: Vancouver, British Columbia   DATE OF HEARING: September 3, 2019   JUDGMENT AND REASONS: DINER J.   DATED: October 1, 2019   APPEARANCES: Gordon Maynard   For The Applicants   Alison Brown   For The Respondent   SOLICITORS OF RECORD: Maynard Kischer Stojicevic Barristers and Solicitors Vancouver, British Columbia   For The Applicants   Attorney General of Canada Vancouver, British Columbia   For The Respondent     ...
FCTD

Jama v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1459

However, due to a 2005 conviction for trafficking scheduled drugs in the United States, he was deemed inadmissible to Canada for serious criminality. ... Diner" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1447-19   STYLE OF CAUSE: ABDULKEDIR AHMED JAMA v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: October 24, 2019   JUDGMENT AND REASONS: DINER J.   DATED: November 19, 2019   APPEARANCES: Lina Anani   For The Applicant   Nur Muhammed-Ally   For The Respondent   SOLICITORS OF RECORD: Lina Anani Barrister and Solicitor Toronto, Ontario   For The Applicant   Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Langlois v. Canada (Attorney General), 2018 FC 1108

    [8]   Furthermore, the applicant puts forward in his affidavit and his factum several new facts that were not before the Tribunal. ...   [14]   Fourth, the Tribunal did not fail to consider any relevant evidence. ... DATE OF REASONS: NoVEMBER 2, 2018   APPEARANCES: Gérard Langlois   FOR THE APPLICANT (FOR HIMSELF) Stéphanie-Yung Hing   FOR THE RESPONDENT SOLICITORS OF RECORD: Attorney General of Canada Gatineau, Quebec   FOR THE RESPONDENT     ...
FCTD

Aldarwish v. Canada (Citizenship and Immigration), 2019 FC 1265

In 2005, the Applicant also entered an inter-sect marriage when she married a Shia man. [4]   The same paternal uncles, Saadi and Karim, who had attacked the Applicant’s parents for their inter-sect marriage, also threatened the Applicant. ... V.   Issues [19]   The Applicants submit that the application raises the following issues: 1.   ... VI.   Standard of Review A.   Distinguishing fact-finding weight and process errors [21]   The following passage from Kallab v. ...
FCTD

Canada (National Revenue) v. Amdocs Canadian Managed Services Inc., 2015 FC 1234

It is not for ACMS to determine what the Minister needs to conduct an audit. [68]            In Saipem Luxembourg SA v Canada (Customs and Revenue Agency), 2005 FCA 218, at paras 33-36, the Federal Court of Appeal makes the following clear: [33]      The Agency justifies the breadth of the notice of requirement on the basis that it requires production of all of Saipem’s documents in order to conduct an audit for the purpose of verifying information submitted by Saipem. ... DATED: October 30, 2015   APPEARANCES: Margaret J. Nott   For The Applicant   Glenn Ernst Jordan Scopa   For The Respondent   SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Toronto, Ontario   For The Applicant   Goodmans LLP Barristers & Solicitors Toronto, Ontario   For The Respondent     ...
FCTD

Martinez Cabrales v. Canada (Citizenship and Immigration), 2019 FC 1178

C.   Was the RPD’s decision reasonable? (1)   Applicants’ Submissions [58]   Ms. ... Martinez Cabrales’ explanation that she was waiting until after her husband visited his family reasonable, given that neither of them held visitor visas to the USA and there was nothing precluding their removal to Israel: Saleem v Canada (Minister of Citizenship and Immigration), 2005 FC 1412 at para 32; Kreishan v Canada (Citizenship and Immigration), 2019 FCA 223 at para 1. ... DATED: SEPTEMBER 16, 2019   APPEARANCES: Jack Martin For The Applicants   Alexis Singer   For The Respondent   SOLICITORS OF RECORD: Jack Martin Barrister and Solicitor Toronto, Ontario   For The Applicants   Deputy Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Express Gold Refining Ltd. v. Canada (National Revenue), 2020 FC 614

II.   Context [5]   The Applicant is a family-owned business that was founded in 1994. ... IV.   Analysis A.   Should mandamus issue to force the Respondent to pay the net tax refunds claimed by the Applicant? ... The Applicant points to the accepted approach to statutory interpretation set out by the Supreme Court of Canada, which requires a textual, contextual, and purposive analysis to determine the meaning of subsection 229(1) in a manner that is harmonious with the Act as a whole (Canada Trustco Mortgage Co v Canada, 2005 SCC 54 at para 10 [Canada Trustco] and Copthorne Holdings Ltd v Canada, 2011 SCC 63 at para 70). ...
FCTD

Fray v. Canada (Citizenship and Immigration), 2019 FC 1159

II.   Background [3]   The Applicant, Nordette Loraine Fray, is a 34-year-old citizen of Jamaica. ... III.   Decision Under Review [9]   In the Decision dated November 9, 2018, the Officer found that Ms. ... While the adequacy of reasons is not a stand-alone basis for quashing a decision, a decision can be unreasonable if it does not disclose how the decision-maker arrived at his or her conclusion (see, e.g., Chakanyuka v Canada (Citizenship and Immigration), 2017 FC 313 at paras 9-10, relying on Adu v Canada (Citizenship and Immigration), 2005 FC 565 at para 14). [16]   I recognize that the Decision does not expressly set out an analysis of the evidence explaining how the Officer arrived at the resulting conclusion. ...
FCTD

Tran v. Canada Revenue Agency, 2011 FC 1010

Justice Lemieux BETWEEN:     DUNG TRAN       Applicant   and     CANADA REVENUE AGENCY       Respondent           REASONS FOR JUDGMENT AND JUDGMENT   I.          ...   [47]            Since 2005, he has been the manager of the Large Business Audit Division, the Aggressive Tax Planning Division and the International Audit Division ... DATED:                                              August 19, 2011       APPEARANCES:   Laval Dallaire (for all three files)   FOR THE APPLICANT   Talitha Nabbali (for all three files)   FOR THE RESPONDENT   SOLICITORS OF RECORD:   Gagné Letarte SENCRL Québec, Quebec FOR THE APPLICANT     Myles J. ...
FCTD

Auguste c. Canada (Citoyenneté et Immigration), docket IMM-1452-19

Compte tenu du fait qu’il venait des États-Unis, sa demande d’asile a été jugée irrecevable.   ... Fortuné aurait cru que le demandeur en était responsable. [4]   Le 5 mai 2017, des hommes liés à M. ... Les trois facteurs sont cumulatifs :   Sallai c Canada (Citoyenneté et Immigration), 2019 CF 446, au para 46 [Sallai], citant Demirovic c Canada (Citoyenneté et Immigration), 2005 CF 1284, aux paras 9-10. [11]   Dans l’affaire en l’instance, l’agent n’a pas fondé sa décision sur des questions liées à la crédibilité du demandeur. ...

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