Chan v. Canada ( Minister of Citizenship and Immigration )
IMM-925-94
Reed J.
1/12/94
6 pp.
Judicial review of decision insufficient humanitarian, compassionate grounds to allow application for landing to be processed from within Canada-Applicant entering Canada in 1984 with sister on student visas-Family disowning her upon marriage in 1988-When marriage breaking down husband withdrawing sponsorship application-Applicant remaining illegally in Canada after expiry of visitor's visa in 1990-Upon arrest in 1991 misrepresenting self as someone else-Sister becoming permanent resident in 1991; father, mother sister, brother landed in 1992-No immediate family in Hong Kong-Applicant reconciling with family after divorce-Immigration officer's notes referring extensively to arresting officer's notes-Length of time lived in country, immediate family's presence here, reintegration as part of family unit not referred to in recommendation section-Recommending officer basing decision on misunderstanding of evidence, as applicant's present relationship with family overlooked-In Portilla v. Canada (Minister of Employment and Immigration), IMM-94-93, judgment dated 3/3/93, Simpson J. finding officer not failing to undertake exhaustive humanitarian, compassionate review merely because notes silent on issue of undue hardship in absence of concrete indication in notes relevant matters overlooked or intentionally ignored-Notes herein concrete indication relevant matters overlooked.