Morales v. Canada ( Minister of Citizenship and Immigration )
IMM-5049-98
McDonald J.A.
26/8/99
7 pp.
Humanitarian and compassionate considerations-Application for judicial review of Immigration Officer's decision refusing application for permanent residence from within Canada, on humanitarian and compassionate grounds, under Immigration Act, s. 114(2)-Applicants, citizens of Guatemala, came to Canada in November 1994-Determined not to be "Convention refugees"-Whether decision of Immigration Officer to refuse applicant's claim unreasonable-In Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193 (S.C.C.) formulated proper approach to be taken on application for judicial review of decision under Act, s. 114(2)-Profound impact of decision regarding application based on humanitarian, compassionate grounds on those affected requiring reasons be given-Notes of Immigration Officer following interview of applicant taken as reasons for decision-Decision to refuse applicants' claim unreasonable on grounds Immigration Officer failed to give proper consideration to interests of applicants' Canadian-born son, other children-Immigration Officer gave little, no weight to interests of applicants' children-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).