CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Blake v. Canada (Minister of Citizenship and Immigration)
IMM-229-01
2002 FCT 187, O'Keefe J.
25/2/02
9 pp.
Application for judicial review of decision by immigration officer denying applicant's request to be approved on humanitarian and compassionate grounds for exemption from requirement to apply for, obtain, immigrant visa prior to coming to Canada as required by Immigration Act, s. 9(1)--Applicant citizen of Jamaica--Submitting immigration officer breached principles of procedural fairness in making determination on basis of credibility finding without conducting interview of applicant--Discretionary decisions of immigration officer on humanitarian, compassionate grounds involve issues of mixed fact and law, to be reviewed on standard of reasonableness simpliciter--Standard of review for decisions of immigration officer on questions of pure law correctness--Applicant's first H&C application based on marriage of convenience, marriage not bona fide--Second application must be dealt with on own merits--No evidence other than fact previous marriage not genuine, applicant applied for H&C consideration within one month of marriage to second sponsor to support finding second marriage not genuine--Decision of immigration officer unreasonable, must be set aside--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 9 (as am. by S.C. 1992, c. 49, s. 4).