Digests

Stanislavsky v. Canada (Minister of Citizenship and Immigration)

IMM-4012-02

2003 FC 835, Heneghan J.

7/4/03

10 pp.

Judicial review of decision of Immigration Counsellor (Officer) denying applicants' request for restoration of temporary resident status in Canada--Applicants argue Officer erred in making negative decision as based decision on fact original reason for entry to Canada had come to end (male applicant's mother died; purpose of visit was to look after her)--Applicants submit Officer ignored relevant evidence in reaching negative decision--Whether Officer erred in law by failing to consider totality of evidence or by ignoring or misconstruing evidence--Person seeking temporary resident permit must have intention of staying in Canada upon expiry of status--In case at bar, Officer did not refuse applicants' application for restoration of temporary status on basis applicants would not be in Canada for temporary purpose but because applicants' stay in Canada would be for "long" temporary purpose--Extended delay attributed to long processing time in Vegreville, Alberta relative to inland sponsorship applications--Fact applicants had submitted inland sponsorship application relevant to their intention to remain in Canada for temporary purpose, for duration of processing of landing applications--Granted, this new and different purpose from original temporary applications-- However, current statutory and regulatory scheme does not say person's initial temporary purpose must remain constant and unchanged--Only requirement existence of "temporary purpose" and in present case, Officer did not address his mind to question in relation to prevailing personal circumstances of applicants--Constitutes reversible error--Applicants acted within time limits imposed by Immigration and Refugee Protection Act, s. 182 to seek reinstatement of status; applicants applied for restoration within 90 days after expiry of temporary resident status--Officer improperly limited consideration of applicants' application for reinstatement of status to length of time required for respondent's employees to deal with processing of inland sponsorship application without addressing existence of current "temporary purpose" for applicants' stay in Canada--Accordingly, judicial review allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 182.