By Sukhram Ramkissoon
Geraldine (not her actual title) sought judicial evaluation of an officer’s determination to refuse her software for everlasting residence on Humanitarian and Compassionate (“H and C”) grounds.
She is a citizen of Grenada, 61 years previous and has been residing in in Canada since 1990. Geraldine initially submitted her H and C software in 2021, nevertheless it was refused. She then sought go away and judicial evaluation of the unfavourable determination in Federal Courtroom.
The Division of Justice, who represents the Minister of Immigration, Refugees and Citizenship Canada in federal court docket issues, consented to put aside the unfavourable determination, which allowed her to remit the matter to a different officer for reconsideration.
Because of the reconsideration, one other unfavourable determination was rendered. She once more sought go away and judicial evaluation of the second refusal.
Case legislation dictates that the choice is reviewable on the usual of reasonableness. In contemplating reasonableness, the Courtroom is to ask if the choice underneath evaluation “bears the hallmarks of reasonableness — justification, transparency and intelligibility — and whether or not it’s justified in relation to the related factual and authorized constraints that bear on the choice.”
Geraldine’s case was not too long ago heard within the Federal Courtroom the place the decide said that he agreed with Geraldine’s counsel’s submissions that the officer failed to handle all of the proof and arguments submitted upon her H and C software, together with the additional submissions offered for the reconsideration.
Geraldine has been residing in Canada for over 34 years with out standing, with no prison conviction and submitted all the weather of a optimistic humanitarian software.
As per case legislation, the Supreme Courtroom instructed statutory determination makers to “meaningfully grapple with key points or central arguments raised by the events.”
The decide in Geraldine’s federal court docket matter dominated that he was not glad that the officer did so in her case. The realized decide was additionally not glad that the officer paid consideration to the private circumstances of Geraldine, together with her well being situations.
The Minister submitted, and the decide agreed with the Minister that the officer was mandated to weigh the proof. The decide dominated that he was not glad that the officer thought of all of the proof. “Weighing” and “contemplating” are totally different duties.
The appliance for judicial evaluation was allowed, the choice put aside and the matter shall be remitted to a different officer for redetermination. This would be the third evaluation by totally different officers with respect to the elements regarding humanitarian and compassionate concerns.
Hopefully, the choice maker will totally think about the ruling of the Federal Courtroom and Geraldine is profitable, given the realized decide thought of her software to have optimistic attributes to be granted everlasting residence.
Good luck. Geraldine.
SUKHRAM RAMKISSOON is a member of CICC and specialises in Immigration Issues at No. 3089 Bathurst Avenue, Suite 219A, Toronto, Ontario. Telephone 416 789 5756.
The publish Struggles of a Non-Status Grenadian Woman appeared first on The Caribbean Camera.
