Landmark Immigration Cases
Felipe v M.E.I.  Imm 5296-93 (F.C.T.D.) Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada & subject to removal on this basis
See also Turingan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness
S.M.A. v. Canadian Security Intelligence Service (2000) (SIRC) Successfully challenged CSIS’ allegations that client was a “terrorist"; SIRC (Review Committee) See also S.M.A. v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights
Bernardez v M.C.I (1995) 101 F.T.R. 203 (F.C.T.D.) (A.C.J. Jerome) Judicial review granted re: exclusion order based upon unauthorized employment - duty of fairness - nanny in a powerless position vis a vis employer; compliance with employer’s directions to be viewed contextually; see also (1994) 27 Imm. L.R. (2d) 149 (F.C.T.D.) (A.C.J. Jerome) (interlocutory relief granted - stays - employer control over domestic worker) and stays in Encila v. M.C.I.  F.C.J. No. 995 (F.C.T.D.) (Gibson J.) application for interim stay and work permit; Caletena v. Canada (1994) 74 F.T.R. 78 - interim stay and work authorization granted - unique nature of foreign domestic worker program confirmed
Extensive Litigation Securing Rights for Foreign -Disenfranchised Women
Camara v. MCI 2009 IMM-5694-08 successful judicial review of negative decision re: refusal to grant TRP to a caregiver whose daughter is medically inadmissible
S. Kim (2006- 2007) Korean woman / physical & sexual abuse / child abduction / inland immigration h&c application
McCoy v. MCI (2007) Imm 4228-07 judicial review of overseas visa officer decision: refusal of overseas h&c application in 117(9)(d) case; Crown consenting as reasons not adequate; received costs award against Crown of $1000.00; Thai woman seeking re-unification with long lost daughter; obtained h&c application thereafter
Demchenko v. Alberta Pension Administration (2003) Successfully obtained pension settlement for Ukrainian widow of deceased Canadian citizen Galeta v. M.C.I.  Imm 2775-02 (F.C.T.D.) Judicial review of officer’s discretion refusing landing to Ukrainian widow/ 9 yr common law relationship with deceased Canadian / Canadian child.
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