The Federal Court of Canada has dismissed our application for judicial review with respect to the decision of the Immigration Appeal Division.
The decision can be found at the Federal Court web site (link here).I believe that the case has a lot to do with the particular (and unusual) facts before the Court (at paragraph 30):On the facts of this case (acknowledged by the IAD to be “unusual circumstances for all but the rarest of cases”), both of these factors are relevant.
Given the Supreme Court of Canada's decision in Khosa, it is clear that the Federal Court will continue to grant wide deference to decisions of the Immigration Appeal Division.
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