CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Persons with Temporary Status |
Mohammed v. Canada (Minister of Citizenship and Immigration)
IMM-5609-99
Teitelbaum J.
18/9/00
9 pp.
Judicial review of Senior Immigration Officer's refusal of application for exemption pursuant to Immigration Act, s. 114(2) from requirement of applying for, obtaining visas from outside Canada on basis insufficient humanitarian, compassionate (H & C) grounds--Applicants family from Trinidad--Principal applicant claimed Convention refugee status based on spousal abuse--Claim denied--Reasonableness simpliciter standard of review for challenge to H & C decision--S. 114(2) giving Minister, delegate authority to exempt applicants from s. 9(1) when satisfied such exemption warranted based on humanitarian, compassionate grounds--Such decision highly discretionary--Applicant must show decision-maker erred in law, proceeded on basis of wrong or improper principle, or acted in bad faith--Evidence before immigration officer included principal applicant's employment history, skills upgrading, community involvement, living arrangements, savings, presence of siblings in Canada, U.S., unsuccessful claim for Convention refugee status, two children's schooling, prospects faced by applicants should they return to Trinidad--No evidence immigration officer disregarded any information before her--Applicants' arguments essentially amounted to inconvenience of leaving Canada to apply for landing from abroad, and to disagreeing with weight given by immigration officer to evidence--Facts not disclosing unusual, undeserved, or disproportionate hardship--Record not indicating immigration officer's decision unreasonable, warranting judicial intervention--Also, applicant having second H & C application pending based on recent marriage to Canadian citizen--Issues raised in this judicial review application separate, apart from second H & C application--During hearing applicant attempted to submit senior immigration officer's decision should be quashed because failed to consider welfare of children as mandated by Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Respondent's objection allowed on ground to allow new legal arguments raised at hearing for which opposing party not prepared would cause serious prejudice--Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), 114(2).