El-Amin v. Canada ( Minister of Citizenship and Immigration )
IMM-1607-96
Campbell J.
11/4/97
5 pp.
Judicial review of immigration officer's refusal to issue returning resident's permit (RRP) to applicant because not working for Canadian company abroad-When unable to find employment in Canada, applicant securing employment in Kuwait where has no permanent status, not permitted to own property-Intending to work in Kuwait until December 1997, save enough to support family upon return to Canada-Immigration Regulations, s. 26(2)(c)(iv) giving immigration officer broad discretion to grant RRP for reasons or circumstances other than those listed in Regulations-Application allowed-Immigration officer not exercising discretion when determining whether to grant RRP since required applicant to meet sole criterion set out in s. 26(2)(c)(i) i.e. applicant leaving to carry out duties of employment with Canadian business, government-Fettered discretion in error-Immigration Act, R.S.C., 1985, c. I-2, s. 25-Immigration Regulations, 1978, SOR/78-172, s. 26 (as am. by SOR/86-865, s. 2).