Digests

Decision Information

Decision Content

Citizenship and Immigration

Exclusion and Removal

Inadmissible Persons

Appeal from Federal Court decision ([2008] 4 F.C.R. 53) dismissing action for damages in respect of delay in processing applications for permanent residence and challenges to validity of Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 34(1)(f)—Substantial costs awarded to respondent—No palpable or overriding error in finding lack of connection between delay in processing application and damages claimed—Trial judge not erring in finding no infringement of appellants’ Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7 rights—Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3 correctly applied with respect to constitutional validity of IRPA—Hill v. Hamilton–Wentworth Regional Police Service Board, [2007] 3 S.C.R. 129 limited to context—No reviewable error in exercise of discretion with respect to costs.

Haj Khalil v. Canada (A-469-07, 2009 FCA 66, the Court, judgment dated March 6, 2009, 8 pp.)

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