| Citation: |
Bageerathan v. Canada (Minister of Citizenship and Immigration), 2009 FC 513, [2009] 4 F.C.R. D-1 |
IMM-3939-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of immigration officer’s decision rejecting application for husband to be granted permanent residence—Applicant, son granted permanent residence in September 2005, but husband’s application delayed—Application for mandamus granted, respondent ordered to process husband’s application within 90 days—However, this was not done—Husband fleeing from Sri Lanka to India, requesting file be transferred thereto—Immigration officer rejecting this request, refusing to carry out admissibility interview by teleconference—Immigration officer subsequently rejecting application on basis husband failing to appear for interview—Reasons given by immigration officer for refusing file transfer, teleconference debatable, illogical, without regard to nature and weight of rights at stake—Immigration officer misconceiving relevant statutory provisions, showing no concern about this when error pointed out—Excessive delays, lack of comprehension, cooperation and obstinacy of immigration officer constituting such extraordinary situation directed decision pursuant to Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1(3) justified—This was special case justifying award of costs as immigration officer circumventing direct Court order—Application allowed.
Bageerathan v. Canada (Minister of Citizenship and Immigration) (IMM-3939-08, 2009 FC 513, Frenette D.J., judgment dated May 21, 2009, 14 pp.)