Babilly v. Canada (Minister of Citizenship and Immigration)

IMM-1472-03

2004 FC 1469, O'Keefe J.

21/10/04

12 pp.

Judicial review of immigration officer's decision insufficient humanitarian and compassionate (H&C), public policy grounds warranting processing permanent residence application from within Canada--Applicant unsuccessful Syrian refugee claimant--Sought H&C exemption from Immigration and Refugee Protection Act, s. 11(1) requirement permanent residence application be made from outside Canada --Citizenship and Immigration Canada Manual IP5 Immigrant Applications in Canada Made on Humanitarian or Compassionate Grounds, procedural fairness requiring immigration officer to send application to pre-removal risk assessment officer when finding insufficient grounds to allow H&C application--Immigration officer also required to ask applicant for particulars of his personalized risk claim-- Immigration officer failed to do both of these things-- Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 11(1).