Where officers go wrong: grounds to challenge a s.101(1)(b.1) or (b.2) determination

Officers make errors about facts, about timelines, about whether the provision applies at all, and about procedural fairness. The Federal Court exists to review exactly those errors.

Early C-12 determinations have turned on miscounted periods of presence, misapplied one-year rules, and fairness letters that did not actually put the case to meet. None of that is a promise that a particular file will succeed.

We have filed applications under s.101(1)(b.1), including for a family with a minor child. We have not filed under s.101(1)(b.2). These provisions are new. We will say when a matter should go to other counsel.