Federal Court: Unreasonable Deferral Refusal Set Aside Without Redetermination
- Citation
- 2026 FC 513
- Decided
- Court file
- IMM-8844-25
- Full judgment
- Read the decision
Case Law Overview
Durojaye v. Canada (Public Safety and Emergency Preparedness), 2026 FC 513
The applicant challenged a CBSA decision refusing to defer his removal to Nigeria. He had requested the deferral based on unassessed risks related to his sexuality, pending a Humanitarian and Compassionate (H&C) application.
Court Ruling
The Federal Court granted the judicial review, setting aside the CBSA's refusal. However, it agreed with the government not to send the matter back for redetermination, as the applicant's subsequent H&C application on the same risks had already been decided.
Key Quote from the Court
In this light, I am satisfied that by failing to consider and address the objective evidence and the written submissions filed by the applicant in relation to these two issues for deferral purposes, the Decision did not respect the factual constraints bearing on it and did not provide a responsive justification for denying the deferral request by grappling with a central issue raised by the applicant in relation to the risk he faced in Nigeria... These failures were sufficiently important to vitiate the Decision overall and render it unreasonable. (at para 19)
Expert Takeaways
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Officers Must Engage with All Key Evidence A decision can be overturned if an officer fails to meaningfully consider and address central arguments and key evidence submitted by an applicant, such as risks faced in their home country and explanations for late disclosure.
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Government Can Concede to Avoid a Full Hearing The government can file a motion to grant a judicial review if it concedes an error was made. This strategic move can save judicial resources and lead to the decision being set aside without a full hearing on all grounds.
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Remedy is Not Automatic Even when a decision is found to be unreasonable, the court may not send it back for redetermination if subsequent events have made the original request moot. In this case, because the H&C application was decided, the court saw no useful purpose in redetermining the old deferral request.
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Intervening Events Matter The court's choice of remedy is heavily influenced by events that occur after the initial refusal. Applicants should be aware that filing new applications (like an H&C) can impact the outcome of an ongoing judicial review of a related, earlier decision.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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That combination is worth a proper look. It does not mean you have a case - only a lawyer reading your actual documents can say that - but it does mean the question is worth asking before your filing window closes.
Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Pre-Removal Risk Assessment (PRRA) rulings
Federal Court: Winning Judicial Review Doesn't Guarantee Legal Costs
Court: Officers Can't Demand 'Exact' Details While Ignoring Real Refugee Risk
Federal Court: Refusal Based on "Insufficient Evidence" is a Credibility Finding
Federal Court Overturns PRRA Refusal for Relying on Outdated Country Information
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)