CITIZENSHIP AND IMMIGRATION
Status in Canada
Humanitarian and Compassionate Considerations
Judicial review of visa officer’s dismissal of applicant’s request for permanent residence on Humanitarian and Compassionate (H&C) grounds—Applicant, Russian, grandfather of four Canadian-born children—Officer assessing H&C application based on Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25(1) which requires best interests of children be considered—Decision maker having to demonstrate alertness, aliveness, sensitivity to best interests of children under consideration—No meaningful critical analysis of best interests of children in real life situation in present case—Based on cursory acknowledgement in decision of diabetic condition of one of applicant’s grandsons, obvious officer not alert, alive to seriousness of grandson’s health problem—Decision also rendered in breach of due process since officer twice relied on extrinsic evidence, failed to give applicant opportunity to respond thereto—Application allowed.
Kolosovs v. Canada (Minister of Citizenship and Immigration) (IMM-873-07, 2008 FC 165, Campbell J., order dated 7/2/08, 11pp.)