Ogunfowora v. Canada ( Minister of Citizenship and Immigration )
IMM-2761-96
Teitelbaum J.
16/4/97
12 pp.
Application for judicial review of immigration officer's decision dismissing request for permanent resident status on compassionate and humanitarian grounds under Immigration Act, s. 114(2)-Applicant invoking risk of torture upon return to Nigeria as basis for claim for consideration on compassionate, humanitarian grounds-Upon arrival in Canada in February 1991, applicant claiming refugee status on basis of political opinion, membership in particular social group-Claim rejected as applicant not found credible witness-Applicant involved in number of abortive immigration proceedings-On August 2, 1996, immigration officer rejected applicant's separate claim for residence under compassionate, humanitarian criteria of s. 114(2)-Immigration officer's discretion under s. 114(2) matter of judgment, discretion-Law giving applicant no right to any particular outcome-On issue of fettering of discretion, immigration officer permitted to look to Post Claims Determination Officer (PCDO)'s analysis-Immigration officer's decision under scrutiny came only one day after PCDO had rejected applicant's claim under Post Determination Refugee Claimants in Canada (PDRCC) class-Immigration officer violated procedural fairness by fettering discretion, failing to perform independent assessment-Acted unreasonably in not taking into account totality of evidence, namely medical evidence regarding torture, post-traumatic stress disorder (PTSD)-Case at bar exceptional, warrants judicial review-Uncontradicted documentary evidence Nigeria country where violations of human rights, including torture, rife-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).