CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Moghtader v. Canada (Minister of Citizenship and Immigration)
IMM-5927-00
2002 FCT 296, Nadon J.
19/3/02
14 pp.
Application for judicial review of visa officer's decision rejecting application for permanent residence of applicant, then aged 23, as allegedly failed to meet definition of "dependent son" in Immigration Regulations, 1978, s. 2(1)-- In application for permanent residence, applicant stated that had completed five years of elementary school, seven years of secondary school and had not completed any years of college or university studies; not employed at present and intended to continue studies in Canada although not then engaged in studies--Applicant subsequently explained that from 1996 to 1998, performed military service in Iran and that in 1999 had begun to study English at Iran Farhang Institute--Arguing that period during which compelled to perform military service should not be considered for purposes of calculation under Regulations, s. 2(7) (interruption of studies not exceeding one year not considered), since interruption independent of his will--Application allowed--Visa officer did not err in applying Regulations, s. 2(1), (7)--Cause of interruption completely irrelevant--Parliament had no intention of making any distinction between voluntary, involuntary or quasi-voluntary causes--Parliament chose single applicable criterion, namely, interruption of studies for period not exceeding one year--And Regulations, s. 2(7) in no way discriminatory by reason of sex or national origin--However, visa officer erred in failing to examine humanitarian reasons --Did not make any pronouncement concerning possible existence of humanitarian factors--Committed error warranting Court's intervention--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependent son" (as am. by SOR/92-101, s. 1), (7) (as am. idem).