CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Wu v. Canada (Minister of Citizenship and Immigration)
IMM-5652-00
2001 FCT 1274, Campbell J.
20/11/01
6 pp.
Application for judicial review of immigration officer's decision denying humanitarian and compassionate application under Immigration Act, s. 114(2)--Applicant citizen of Taiwan with young son, Canadian citizen--Basis of request son's medical conditions, respiratory and skin problems exacerbated by climate in Taiwan, fear of spousal, child abuse from ex-husband who had beat her, threatened life-- Immigration officer refusing application failed to satisfy her she would suffer "unusual and undeserved, disproportionate hardship" from having to obtain immigrant visa from outside Canada--Appropriate standard of review for H&C decisions reasonableness simpliciter as stated by S.C.C. in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Whether immigration officer erred by failing to properly consider best interests of applicant's Canadian-born child--Immigration officers directed to balance various intersts at stake: Canada's interest family interests, circum-stances of all family members with particular attention to interests, situation of applicant's children--Child's interests to be accorded substantial weight--Obligation on immigration officer to demonstrate deeper examination of child's interests, how they would be affected by deportation of applicant-- Immigration officer imported irrelevant criteria into analysis by judging child's medical condition according to standard of whether it is "life threatening"--Standard not required by jurisprudence, Immigration Manual--In applying criteria, immigration officer minimized child's intrests--Decision unreasonable--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36).