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Immigration - Costs. Rodriguez Anzola v. Canada (Citizenship and Immigration)
In Rodriguez Anzola v. Canada (Citizenship and Immigration) (Fed CA, 2026) the Federal Court of Appeal allowed an appeal, this brought against the dismissal of "the appellant’s application for judicial review of a decision of the Immigration Division (the ID) of the Immigration and Refugee Board of Canada (IRB)", this regarding an ID finding that the appellant was "inadmissible to Canada on grounds of serious criminality pursuant to paragraph 36(1)(b) of the Immigration and Refugee Protection Act, SC 2001, c. 27 (the Act) for having committed an offence in her country of origin (trafficking or carrying illegal drugs) which, if committed in Canada, would constitute an offence under an Act of Parliament – here the Controlled Drugs and Substances Act, SC 1996, c. 19 – punishable by a maximum term of imprisonment of at least 10 years".
Here the court considers the presumption that immigration litigation matters (including appeals) are without costs:[136] As provided for under section 22 of the Federal Citizenship, Immigration and Refugee Protection Rules, SOR 93/22, no costs are awarded in proceedings brought under the Act, including appeals before this Court, unless there are special reasons to do so. Neither party claims that there are special reasons calling for an award of costs in this appeal.
[137] I would therefore allow the appeal, without costs.
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