CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Amanfo v. Canada (Minister of Citizenship and Immigration)
IMM-151-01
2001 FCT 1294, McKeown J.
26/11/01
6 pp.
Humanitarian and Compassionate Considerations Application for judicial review of decision of immigration officer exemption from Immigration Act, s. 9(1) on humanitarian, compassionate grounds not granted--Applicant applying in February 2000 for exemption on humanitarian, compassionate grounds based on spousal sponsorship--In 1992, convicted of welfare fraud, ordered to pay restitution, do community service, 3 years' probation--Whether officer breached duty of fairness by failing to consider guidelines in assessing H&C application--Officer not making sponsorship approval decision prior to making H&C decision--Therefore, sponsoring husband deprived of appeal rights, contrary to S.C.C. decision in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Reviewable error, matter must be returned for reconsideration by different immigration officer in accordance with policy provisions of Immigration Manual--If positive H&C decision processed, application for landing begins to determine whether applicant admissible, meets all requirements of Act, Regulations-- When known inadmissibility at time of positive H&C decision, application for permanent residence must be refused --Application for judicial review allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 9 (as am. by S.C. 1992, c. 49, s. 4)-- Immigration Regulations, 1978, SOR/78-172.