Khosa was a citizen of India who immigrated to Canada with his family in 1996 at the age of 14.

The majority of the IAD denied Khosa "special relief" on humanitarian and compassionate grounds.

On appeal, the Federal Court reviewed the assessment of the IAD and found it to be reasonable.

Binnie J. wrote for the majority, who found that s. 18.1 of the Federal Courts Act set out the threshold grounds which permit but do not require the court to grant relief when conducting judicial review.

[2] Applying the reasonableness standard from Dunsmuir v. New Brunswick, Binnie J. held that courts should be deferential to the IAD decisions and should not substitute its own findings.