Citizenship and Immigration
Immigration Practice
Judicial review of immigration officer’s decision refusing applicants’ request for temporary resident permit (TRP)—Applicants also seeking order of mandamus to have TRP application determined—Principal applicant citizen of Israel, which he left following business conflict—Arriving with family in Canada in September 2003—Applicants applying for TRP under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 24(1)—S. 24 requiring officer to decide whether TRP justified “in the circumstances”, which means “the relevant circumstances”—These circumstances including other pending applications made by applicant, necessity of TRP given stay of removal, appropriateness of TRP review potentially leading to duplication—No error of law on facts since TRP application considered, refused—Nothing inaccurate, unreasonable in Officer’s remark “duplication of review” undesirable—Since applicants not facing removal from Canada, and second H&C application pending, no imminent threat to important economic, business interests at stake, hence no compelling reason to resort to TRP—Officer’s decision not unreasonable—Application dismissed.
Betesh v. Canada (Minister of Citizenship and Immigration) (IMM-5184-07, 2008 FC 1374, Russell J., judgment dated December 15, 2008, 25 pp.)