Digests

Koud v. Canada (Minister of Employment and Immigration)

IMM-3105-00

2001 FCT 856, Lemieux J.

3/8/01

10 pp.

Application for judicial review of decision of immigration officer denying applicants' application for ministerial exemption based on humanitarian and compassionate considerations for purpose of obtaining permanent residence--Whether immigration officer properly applied principles set out in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, concerning best interests of children and whether in context considered irrelevant factor--Applicant Solange Irène Koud, citizen of People's Republic of Congo, and son Antony, born in Brazzaville, arrived in Canada on December 12, 1995, from United States--Refugee claim rejected and application for judicial review dismissed--In Baker, L'Heureux-Dubé J. described how immigration officer must consider best interests of child in determining reasonableness of discretionary decision based on humanitarian and compassionate considerations--Immigration officer's decision in this case unreasonable and must be set aside--Immigration officer wrote that child of this age might have very little or no difficulty in adapting--Observation conclusion made with no analysis and no foundation because no assessment of situation that child would be in if returned to Congo with mother or remained in Canada without her--Immigration officer required to do more thorough investigation--Scope of decision in Baker not limited by Canadian citizenship--Analysis concerning Antony minimized best interests by concluding had adapted to Canada but that this was of no consequence since required to go to school--Application allowed.