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Black v. Canada ( Minister of Citizenship and Immigration )

IMM-3151-94

Gibson J.

1/3/95

7 pp.

Application for judicial review of immigration officer's decision denying applicant's request to exempt her from visa requirements of Immigration Act, s. 9(1) -- Applicant citizen of Jamaica facing removal back to that country -- Amended version of s. 114(2) referring only to compassionate or humanitarian considerations, not to reasons of public policy -- Applicable herein -- Effective February 1, 1993, "public policy" base for exemption from visa requirements of s. 9(1) repealed -- No bad faith, failure to comply with fairness requirements or fettering of discretion -- All of applicant's representations and those made on her behalf reasonably taken into account in decison-making process -- Decision of immigration officer under review reasonably open to her -- No error warranting interference of Court -- Application dismissed -- Question proposed for certification contemplating issues of general, though limited, application -- Narrower in scope than that proposed by applicant -- Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1), 114(2) (as am. by S.C. 1992, c. 49, s. 102).

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