Yang v. Canada (Citizenship and Immigration)
Source text
Yang v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2018-03-28 Neutral citation 2018 FC 348 File numbers IMM-4077-17 Decision Content Date: 20180328 Docket: IMM-4077-17 Citation: 2018 FC 348 Toronto, Ontario, March 28, 2018 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: YUZHU YANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [1] Ms. Yuzhu Yang (the “Applicant”) seeks judicial review of the decision of an Officer (the “Officer”) refusing her application for a study permit, as authorized by the Immigration and Refugee Protection Regulations, SOR/2002-227 (the “Regulations”). [2] The decision of the Officer is reviewable on the standard of reasonableness; see the decision in Akomolafe v Canada (Citizenship and Immigration), 2016 FC 472. [3] According to the decision in Dunsmuir v. New Brunswick, [2008] 1 S.C. R. 190, the standard or reasonableness requires that a decision be transparent, justifiable and intelligible, falling within a range of possible outcomes that is defensible on the law and the facts. [4] I agree with the submissions of the Applicant that the decision in this case does not meet the applicable standard and appears to be based on speculation about the business activities of the Applicant’s father in Canada. [5] In the result, the application for judicial review is allowed, the decision is set aside and the matter remitted to another Officer for re-determination, no qu…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Yang v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2018-03-28 Neutral citation 2018 FC 348 File numbers IMM-4077-17 Decision Content Date: 20180328 Docket: IMM-4077-17 Citation: 2018 FC 348 Toronto, Ontario, March 28, 2018 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: YUZHU YANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [1] Ms. Yuzhu Yang (the “Applicant”) seeks judicial review of the decision of an Officer (the “Officer”) refusing her application for a study permit, as authorized by the Immigration and Refugee Protection Regulations, SOR/2002-227 (the “Regulations”). [2] The decision of the Officer is reviewable on the standard of reasonableness; see the decision in Akomolafe v Canada (Citizenship and Immigration), 2016 FC 472. [3] According to the decision in Dunsmuir v. New Brunswick, [2008] 1 S.C. R. 190, the standard or reasonableness requires that a decision be transparent, justifiable and intelligible, falling within a range of possible outcomes that is defensible on the law and the facts. [4] I agree with the submissions of the Applicant that the decision in this case does not meet the applicable standard and appears to be based on speculation about the business activities of the Applicant’s father in Canada. [5] In the result, the application for judicial review is allowed, the decision is set aside and the matter remitted to another Officer for re-determination, no question for certification arising. JUDGMENT THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision is set aside and the matter remitted to another Officer for re-determination, no question for certification arising. "E. Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD Docket: IMM-4077-17 STYLE OF CAUSE: YUZHU YANG v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 28, 2018 JUDGMENT and reasons: HENEGHAN J. DATED: March 28, 2018 APPEARANCES: Robert Gertler For The Applicant Hillary Adams For The Respondent SOLICITORS OF RECORD: Robert Gertler Barrister and Solicitor Toronto, Ontario For The Applicant Attorney General of Canada For The Respondent
Source: decisions.fct-cf.gc.ca
Klouvi c. Canada (Procureur général)
2024 CAF 80