Our Canadian immigration lawyer, Will Tao, recently presented at the 2024 CLEBC conference on the jurisprudence update of Canadian administrative and immigration law. Additionally, Will Tao and his Articling Student, Karina Juma, co-authored a scholarly paper reviewing 2024 Federal Court case law (Non-IRB Case Law) and making predicitions for 2025.
This paper, written for the 2024 CLEBC Immigration Issues in Depth Conference, reviews the 2024 Federal Court Immigration Case Law (excluding cases from the Immigration and Refugee Board). It presents five case studies: Li, Henry-Okoisama, Matharu, Mamut, and Mehrara. These cases cover the following topics:
1) security (espionage) under section 34(1)(a) of the Immigration and Refugee Protection Act (“IRPA”);
2) Humanitarian and Compassionate Grounds analysis under section 25 of the IRPA;
3) The Minister’s Delgate’s scope of analysis under s.44(2) of the IPRA for inadmissibility referrals;
4) the writ of mandamus and its application; and
5) the use of technology (specifically, automated decision-making).
The paper concludes with making three predictions for the case trends expected in 2025.
Will has made this paper publicly available for those interested in Canadian immigration and Federal Court jurisprudence. You can access it here Matharu, Mamut, Mehrara, and Other Meanderings: A Review of 2024 Federal Court (Non-IRB) Case Law and Predictions for 2025