Khairoodin v. Canada ( Minister of Citizenship and Immigration )
IMM-131-99
Rothstein J.
13/8/99
6 pp.
Application for judicial review of visa officer's decision denying applicant's application for permanent residence in Canada on humanitarian and compassionate grounds-Whether standard of review patent unreasonableness-In Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193 (S.C.C.) determined standard of review with respect to decisions under Immigration Act, s. 114(2) reasonableness simpliciter-Factors considered in arriving at reasonableness simpliciter standard of review: absence of privative clause, expertise of decision maker, purpose of s. 114(2) and of Immigration Act as a whole, highly discretionary nature of humanitarian and compassionate decision-Pragmatic, functional approach having regard to context suggesting seriousness of matters at issue might have bearing on standard of review-Visa officer's decision meeting reasonableness test-Standard of review reasonableness simpliciter-Court will look for reasons supporting decision under review, whether evidentiary foundation for decision, and logic of process by which conclusions sought to be drawn from evidence-No evidence submitted to demonstrate applicant's financial, physical, emotional dependency on family members in Canada-Humanitarian, compassionate application refused-Visa officer making no error in finding applicant's family voluntarily left applicant in Guyana-Decision not unreasonable-Decision discretionary one for visa officer and, provided relevant factors considered, weighed, humanitarian, compassionate claim may still be dismissed-No reviewable error in discretion exercised by visa officer-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (S.C. 1992, c. 49, s. 102).