On Thursday, the Supreme Court of Canada will release its decision on the appeal in Hernandez Febles v. Canada (Citizenship and Immigration), 2012 FCA 324. I summarized the Federal Court of Appeal decision here. Here is a primer on one of the issues: whether courts should defer to administrative decision-makers on interpretations of international law. […] Read more

The majority of the Federal Court of Appeal in Hernandez Febles v. Canada (Citizenship and Immigration), 2012 FCA 324 refused to defer to the immigration authorities’ interpretation of Article 1F(b) of the Refugee Convention (as implemented by s. 36 of the Immigration and Refugee Protection Act).The question at issue was whether the applicant had properly […] Read more