- Parties: The appellant was Akim Mvana. The respondent was Ministere Citoyenneté et Immigration.

- Subject Matter: The appellant filed a judicial review application challenging a decision of the Immigration and Refugee Board of Canada’s Immigration Appeal Division under s. 68(4) of the Immigration and Refugee Protection Act, 2001 (IRPA). The Federal Court dismissed the application and certified the following question under s. 74(d) of the IRPA: “Did s. 36(3)(a) of the IRPA infringe s. 15(1) of the Canadian Charter of Rights and Freedoms, notwithstanding s. 6(1) of the Charter, and as such was it inoperative under s. 52 of the Charter?” The appellant challenged the Federal Court’s decision.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the appeal without costs, and answered the certified question in the negative. The appeal court held that the Federal Court applied the appropriate standard of review, namely the correctness standard, since this was a constitutional question. The appeal court agreed with the Federal Court’s finding that the Immigration Appeal Division did not err in determining that s. 36(3)(a) of the IRPA did not violate s. 15(1) of the Charter. The appeal court rejected the appellant’s argument that s. 36(3)(a) was ambiguous.

- Date: The hearing was set on Mar. 18, 2024. The court released its decision on Mar. 18, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.