Search - considered

The facts of this case are clearly distinguishable from those I recently considered in Zheng v. ...

It is apparent from the RPD’s reasons that it considered this section and the potential risk even if it found that he did not meet the profile of a leader of political opinion (Arreaga v Canada (Citizenship and Immigration), 2013 FC 977 at para 47). ...

The deduction of accounting expenses in relation to the business for each of the subject years seems to show that the Minister had not considered the business had ceased. ...

She considered herself as being an executive assistant although the accountant of 9249-7403 Québec Inc. was taking care of the deductions at source, the Goods and Services tax returns, the accounts payable and receivable, the financial statements and the invoicing of clients. [8]   In performing her duties, she used all year round a company car to run errands and a company cellphone at the company’s expense. [9]   When cross-examined, Ms. ...

But, given that the Applicant submitted the result was unjust, even if I assess whether there was any procedural unfairness, I am unable to find any as the Applicant provided submissions and they were considered. [19]   As well, though not specifically argued by the Applicant but as part of the unjust argument she raised, I can confirm that the Applicant’s s.15 Charter rights are not violated by the calculation of contributory periods for the CPP when the country they immigrated from does not have an agreement in place. ...

In Canadian Pacific, Justice Rennie described the approach, under which a reviewing court is simply to ask “whether the procedure was fair having regard to all of the circumstances” (at para 54). [6]   The second issue is to be considered applying the reasonableness standard, since it involves a question of mixed fact and law and the exercise of discretion: Haider v Canada (Citizenship and Immigration), 2018 FC 686, at para 12; Afifi v. ...

It therefore considered it unnecessary to review the RPD’s negative findings as to Mr.  ...

Each case is considered on its own merits. It is the overall analysis that matters. ...

Instead, the Applicant   just put forward that he wanted to use the defence of duress, and as such his age and vulnerability will be considered as part of the duress analysis below. ...

The respondent also refers the Court to paragraph 32 of Zeferino, where the Court goes on to find that the RPD may judge the applicant’s credibility and draw adverse inferences about disparities if the applicant [TRANSLATION] “provided no satisfactory, plausible or credible explanation”. [26]   The respondent finally notes that the Court has also noted more recently, after recalling the excerpt above, that “the RPD was correct to have considered both narratives”: Villarroel v Canada (Citizenship and Immigration), 2014 FC 417, at para 17. [27]   In response, the applicants agree that the RPD may consider both versions of the BOC. ...