Agbonkpolor v. Canada ( Minister of Employment and Immigration )
IMM-4572-93
McKeown J.
20/9/94
8 pp.
Application for judicial review of Minister's decision refusing applicant's request for special relief on humanitarian and compassionate grounds under Immigration Act, s. 114(2) -- Applicant denied Convention refugee status -- Pleaded guilty to charge of welfare fraud, received conditional discharge -- Marriage to Canadian citizen found bona fide, not for immigration purposes -- Application for special consideration under s. 114(2) refused -- Discretionary decision depending on interpretation of facts -- Spousal policy one of many factors Minister must consider when making humanitarian and compassionate grounds determination -- Minister not refusing application on grounds enumerated in Act, s. 19(2)(a) -- Whether Minister bound to follow guidelines set out in Examination and Enforcement Manual -- Question discussed in Vidal v. Canada (Minister of Employment & Immigration) (1991), 49 Admin. L.R. 118 (F.C.T.D.) -- Guidelines with respect to public policy and those with respect to humanitarian and compassionate considerations distinguished -- Minister must decide whether applicant deserves exemption solely on basis of humanitarian and compassionate grounds-Applicant's evidence as to financial hardship taken into account by Minister in considering whether humanitarian and compassionate grounds existed[cad 211]Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(2)(a), 114(2).