Federal Court


Immigration and Citizenship

Admission

Application for temporary resident or immigrant visa

Decision rejecting humanitarian and compassionate application disclosing insufficient analysis

Applicants, father, mother, minor daughter and adult son, were citizens of Zimbabwe who arrived in Canada and unsuccessfully claimed refugee protection. Applicants applied for permanent residence in Canada on humanitarian and compassionate grounds based on family’s establishment in Canada, best interests of daughter and factors respecting country of residence. Senior immigration officer refused applications. Applicants applied for judicial review. Application granted. Standard of review was reasonableness. Officer’s decision rejecting humanitarian and compassionate application of son disclosed no analysis explaining why positive factors were not sufficient to grant exemption on humanitarian and compassionate grounds, and decision was unreasonable. Officer’s decision failed to demonstrate any meaningful analysis of what effect returning to Zimbabwe would have on daughter and weight that was to be given, and decision was unreasonable. Officer failed to conduct any analysis based on country condition documents or otherwise as to effect upon daughter’s education if family were to return to Zimbabwe to apply for permanent residence. Applications were remitted to another officer for reconsideration.

Chakanyuka v. Canada (Minister of Immigration, Refugees and Citizenship) (2017), 2017 CarswellNat 1016, 2017 FC 313, Richard F. Southcott J. (F.C.).

 

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