Charran v. Canada ( Minister of Citizenship and Immigration )
IMM-3041-94
Wetston J.
10/2/95
8 pp.
Judicial review of denial of applicant's request to be exempted from Immigration Act, s. 9(1) visa requirements requiring application for permanent residence be made from outside Canada -- Applicant's son, Canadian citizen born two months after family's arrival in Canada, requiring extensive reconstructive surgery -- Due to complexity of procedure, operations available only in very few medical centres in North America -- Application dismissed -- No obligation under Immigration Act, s. 114(2) to conduct interview -- Negative s. 114 decision not directly affecting rights, legal status of applicant's son who is Canadian citizen, having right to remain in Canada -- Although applicant required to leave Canada, whether son leaves parental decision -- Applicant's Charter rights personally infringed neither by discretionary decision nor potential separation of family unit -- International obligations not enforceable under Canadian law unless those obligations specifically adopted as part of domestic law -- Immigration Act amended in 1992 after Canada ratifying all of international human rights instruments to which applicant referred -- Specifically s. 114(2) recognizing under certain circumstances, where sufficient humanitarian and compassionate reasons exist, applicant may be permitted to apply for landing from within Canada if undue hardship demonstrated -- Immigration officials given broad discretion to determine whether individual's particular circumstances warranting recommendation of exemption from Immigration Act requirements -- Immigration officer not satisfied applicant's particular circumstances warranting exemption -- Absent evidence s. 114(2) inconsistent with Canada's international obligations, or that these instruments specifically made part of Canada's domestic law and violated, immigration official not violating any Charter provision -- Application dismissed -- Following question certified: are liberty and security of person interests in Charter, s. 7 engaged by decision-making process in respect of application for favourable discretion under Immigration Act, s. 114(2) where applicants are parents of Canadian child with physical and mental disabilities? -- Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), 114(2) (as am. idem, s. 102) -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 12.