Federal Court


Immigration and Citizenship

Admission

Application for temporary resident or immigrant visa

Prior successful judicial review not resulting in findings that needed to be taken into account
Refugee claimants were citizens of China who entered Canada together posing as newlyweds. Claimants alleged they were at risk of persecution in China because they were practitioners of Falun Gong. Claimants initially went their separate ways and made separate refugee claims, one of which was denied while other remained outstanding. Claimants entered into relationship at some point, married, and had child in Canada. Claimants unsuccessfully applied for permanent residence on humanitarian and compassionate (H&C) grounds. Claimants brought application for judicial review. Application dismissed. Immigration officer had not been precluded from rendering H&C decision while one refugee claim was pending, and prior successful judicial review of that claim had not resulted in findings that needed to be taken into account. Officer was not required to consider, as factor in H&C assessment, various potential outcomes of re-determination of that claim. Officer’s reasons demonstrated consideration of all factors advanced by claimants in support of their H&C grounds. Officer had also addressed in some detail best interests of child. Officer’s decision was intelligible, justified, and transparent and fell within range of possible, acceptable outcomes that were defensible on facts and law.
Liang v. Canada (Minister of Citizenship and Immigration) (2017), 2017 CarswellNat 792, 2017 FC 287, Cecily Y. Strickland J. (F.C.).


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