[2011] 3 F.C.R. D-1
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of 2002 decision by immigration officer refusing application for permanent residence following issuance of security certificate to applicant—Security certificate replaced by further security certificate quashed in 2009—Applicant not notified of refusal of application for permanent residence—Believing application held in “pending” status until quashing of certificates—Issues whether applicant should be granted extension of time to bring present application for judicial review; whether officer’s decision should be set aside on basis quashing of security certificate rendering decision null, or whether officer’s decision should be reopened on basis that his failure to consider quashing of security certificate breach of natural justice—Extension of time granted—Applicant meeting Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399 (F.C.A.) test for granting extension of time: application having merit, no prejudice arising to respondent from delay, misunderstanding about status of application reasonable explanation as to why applicant not inquiring about application until 2009, failure to check status no indication that applicant not intending to pursue application—Officer’s decision not a nullity, natural justice not breached—Basis for officer’s decision, i.e. security certificate, no longer existing—However, administrative law principle militating against holding earlier decision to be nullity—Purpose of judicial review to determine whether decision of tribunal reasonable on record before it—Since security certificate before officer valid in 2002, no reviewable error existing—Decision taken before fundamental change in evidence not a nullity or void ab initio—Case at bar not involving statutory right of applicant to have decision reopened—No breach of natural justice at time decision made—Remedy available to applicant to bring application for in-Canada landing based on humanitarian and compassionate factors under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25—Application dismissed.
Almrei v. Canada (Citizenship and Immigration) (IMM-5165-10, 2011 FC 554, Snider J., judgment dated May 16, 2011, 21 pp.)