| Citation: |
Marques v. Canada (Citizenship and Immigration), 2010 FC 376, [2010] 2 F.C.R. D-8 |
IMM-5136-08 |
Citizenship and Immigration
Status in Canada
Persons with Temporary Status
Judicial review of immigration officer’s decision refusing to extend temporary resident permit (TRP)—After considering applicant’s extensive criminal record, his child’s best interests, officer deciding that seriousness of crimes outweighing family reunification—Officer having no jurisdiction to consider mitigating factors surrounding applicant’s convictions—Although officer considered such factors, she could have chosen not to give any significant weight to those factors—Officer intelligibly considered all factors both for, against extending TRP—If one considers it necessary to take into account best interest of children affected by TRP applications, as officer did herein, no particular methodology is required, unlike applications on humanitarian grounds, where officers should assess children’s interests in accordance with directives already outlined by Federal Court of Appeal in Hawthorne v. Canada (Minister of Citizenship and Immigration), 2002 FCA 475, [2003] 2 F.C. 555—Very little evidence submitted regarding applicant’s child—Officer’s decision reasonable—Application dismissed.
Marques v. Canada (Citizenship and Immigration) (IMM-5136-08, 2010 FC 376, O’Keefe J., judgment dated April 8, 2010, 13 pp.)