Immigration and Refugees Law
Reading Time
5 MINUTE READ
The Federal Court of Canada plays a critical role in reviewing immigration decisions involving dual nationality. These cases often turn on whether decision-makers properly assessed risk in all countries of citizenship.
A claimant must demonstrate risk in each country of nationality. Failure to analyze one country can make a decision unreasonable.
The Court has repeatedly set aside decisions where the IRB ignored or inadequately assessed the second nationality.
Decision-makers sometimes assume protection exists without evidence. This can be challenged.
Decisions must be transparent and justified under the reasonableness standard.
Federal Court intervention can result in a case being sent back for reconsideration, giving applicants another opportunity.
Dual nationality cases are highly technical. Judicial review often turns on how well the decision-maker analyzed both countries.
Disclaimer: General legal information only.
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