Muse v. Canada ( Solicitor General )
93-T-52
Pinard J.
17/8/93
3 pp.
Application to quash refusal of request for reconsideration of application for compassionate and humanitarian consideration pursuant to Immigration Act, s. 114(2) and for order directing respondent to reconsider applicant's request in manner consistent with purposes of Act and guidelines -- Applicant, citizen of Somalia, fleeing to Kenya with wife and child in 1987 -- Arriving in Canada in 1989, leaving family in Kenya -- Upon determination not Convention refugee, requested admission to Canada as permanent resident pursuant to s. 114(2) -- Refusal based on consideration of whether applicant would be at greater risk than anyone else in general population under prevailing country conditions -- Application allowed -- Given available literature on civil violence in Somalia, and Minister of Employment and Immigration's statement that of remaining 6 million Somalies, 1.5 million on verge of starvation and 3 million in desperate need, by requiring applicant to be at greater risk than anyone else in Somali population, respondent's officials fettering own discretion by imposing rigid requirement inconsistent with intent of Immigration Act and ministerial policy -- Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).