Dimacali-Victoria v. Canada ( Minister of Citizenship and Immigration )
IMM-3323-96
Gibson J.
29/8/97
7 pp.
Application for judicial review of decision of Immigration Appeal Division (IAD) dismissing applicant's appeal brought under Immigration Act, s. 77(3)(b)-Applicant Canadian citizen sponsoring application for landing made by father-Father diagnosed as suffering from chronic psychotic schizophrenic disorder-Appeal before IAD grounded on s. 77(3)(b), that is compassionate, humanitarian considerations that warrant granting of special relief-On judicial review of IAD decision, burden on applicant heavy one-Decision of IAD involving discretionary grant of exemption from ordinary requirements of Immigration Act individual such as applicant's father not admissible to Canada-Determination of IAD under s. 77(3)(b) wholly matter of judgment, discretion-Law giving applicant no right to particular outcome-IAD made no reviewable error, exercised discretion in accordance with well established legal principles, in bona fide manner, uninfluenced by irrelevant considerations, not arbitrarily, illegally-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 77(3)(b).