CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Truong v. Canada (Minister of Citizenship and Immigration)
IMM-4009-01
2002 FCT 570, MacKay J.
15/5/02
6 pp.
Application for judicial review of decision communicated to applicant by letter dated January 3, 2001 concerning application for permanent residence from within Canada on humanitarian and compassionate (H&C) grounds--Applicant left Vietnam as refugee in 1985, admitted to Canada as landed immigrant in 1986, when 16 years of age--Convicted, sentenced for robbery, possession of stolen property--In December 1999, application for permanent residence in Canada submitted by applicant with wife's sponsorship--Both invited to interview on April 11, 2000--Process followed herein unfair as result of respondent's staff failing to ensure applicant's submissions, requested and received within 30 days, available for consideration by responsible officer until after officer's decision made, 8 months later by letter of January 3, 2001--Despite good intentions of officer, process of considering H&C application unfair--Essential information, submitted to respondent, not considered when decision in question made--Decision set aside, application reconsidered by different officer.