CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and compassionate considerations |
Valencia v. Canada (Minister of Citizenship and Immigration)
IMM-3047-00
Rouleau J.
6/7/00
5 pp.
Application for stay of deportation order--Male applicant citizen of Columbia who first came to Canada in 1987, claimed refugee status--Claim denied--Applicant convicted of conspiracy to traffic in narcotics in January 1990, sentenced to four and half years in penitentiary--Paroled after serving only 10 months in jail--Application also filed for decision based on human, compassionate grounds under Immigration Act, s. 114--Applicant not engaged in any criminal activity since being released in 1990--Only support of wife, two children--Application of tripartite test--Not frivolous, vexatious application--Removal of non-citizen parent from Canada without considering children's interest would be very important factor before decision could be rendered--Also raising serious issue--As to irreparable harm, to remove applicant from country now would bring about great harship on family, indefinite separation between father, wife, children who rely on him for support--Balance of convenience also favouring applicant--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; idem, c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36).