Digests

Wynter v. Canada (Minister of Citizenship and Immigration)

IMM-3549-99

Teitelbaum J.

6/7/00

18 pp.

Judicial review of immigration manager's decision applicant inadmissible pursuant to Immigration Act, s. 19(2)(a), and insufficient humanitarian, compassionate grounds to warrant issuing Minister's permit to allow applicant to remain in Canada--Applicant citizen of Jamaica--Arriving in Canada in 1984--Married in 1986--Submitted application for permanent residence in family class with undertaking of assistance provided by husband--Has two children born in Canada in 1987, 1989--Now divorced and husband deported--Although applicant exempted from visa requirements under s. 9(1) in 1988, processing of application for permanent residence delayed as result of criminal checks--1998 check revealing applicant convicted in 1992 of failing to comply with recognizance, jailed for one day; in 1994 convicted of fraud over $1,000 and received suspended sentence, 12 months' probation; in 1995 convicted of theft under $1,000 and received suspended sentence, 12 months' probation--Immigration officer determined insufficient grounds to warrant recommendation of Minister's permit to overcome applicant's criminal inadmissibility--Application allowed--Appropriate standard of review reasonableness simpliciter--Immigration officer's notes or narrative report satisfying requirement for reasons articulated in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Baker not supporting proposition immigration officials required to give separate notice to, or require separate consultation with, applicant's child or children--Decision-making process must encompass fair, full review of all relevant considerations and reasons must reflect this--If particular document or piece of information rejected, applicant should be advised of reasons why, especially when document or information supporting applicant's position--No indication of how certain factors supporting applicant's position taken into account, but rejected--No mention made of letter written by children's physician or of letters written by applicant's children--Notes, or reasons, especially deficient with regard to consideration of applicant's children's best interests--While Baker making it clear such considerations by no means determinative of decision, also making it clear such interests important factor--Immigration officer's reasons dealing with applicant's children in two sentences: one stating that they are being considered, and other stating up to mother to decide what is in best interests--Impossible to determine if, how interests taken into consideration--Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), 19(2)(a) (as am. idem, s. 11).