Gomes v. Canada ( Minister of Citizenship and Immigration )
IMM-224-95
McKeown J.
1/2/95
4 pp.
Application to stay deportation order so that may commence judicial review proceedings of refusal to allow applicant to apply for permanent residence from within Canada on humanitarian, compassionate grounds -- Applicant, Portuguese citizen, overstaying visitor authorization by more than five years -- Convicted of assault causing bodily harm in Canada -- Married common law spouse six days after receipt of deportation order -- Baby born four months later -- Based on criminal conviction, placing applicant in inadmissible class, immigration officer refused humanitarian, compassionate application -- Application dismissed -- Court lacking jurisdiction to entertain request: Ali v. Canada (Minister of Employment and Immigration), 92-T-1647, Strayer J., judgment dated 17/11/92, F.C.T.D.; Paul et al. v. Minister of Employment and Immigration (1993), 61 F.T.R. 111 (F.C.T.D.) -- Also no serious issue -- Immigration officer's decision re: humanitarian, compassionate grounds discretionary -- Absent bad faith, nothing to warrant Court's intervention -- No bad faith, discretion properly exercised -- Departmental Guidelines providing notwithstanding existence of genuine marriage, officers under no obligation to deal favourably with inadmissible spouses -- Where applicant convicted of criminal offence in Canada, balance of convenience weighing heavily in favour of respondent -- Applicant's conviction outweighing emotional devastation of applicant's family -- Balance of convenience favouring respondent -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c), 114(2) (as am. by S.C. 1992, c. 49, s. 102) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5).