Federal Court


No true and clear picture of existing and future humanitarian and compassionate concerns

Family member not declared as dependent upon arrival of sponsor in Canada. Foreign national, who was citizen of China born in May 1994 and living in China, was sponsored to Canada in November 2011 by her mother, citizen of Canada who came to Canada in 2005 with her husband and older daughter. Sponsorship application was refused because foreign national was not declared as dependent by her mother upon arrival in Canada. During interview officer questioned foreign national about past and impact of being left behind in China by mother, rather than about present and future best interests. Officer refused permanent residence application after making finding of inadmissibility. Foreign national applied for judicial review. Application granted. Although foreign national was not child at time decision under review was made, officer’s conclusion was required to display fundamental understanding of present and future impact on foreign national of being separated from her mother, both practically and emotionally. Officer did investigate practicalities in interview of foreign national, but did not ask questions that would illicit answers that would provide true and clear picture of existing and future humanitarian and compassionate concerns. Because this line of investigation was required to be engaged, and since it was not engaged, officer’s decision was unreasonable.

Liao v. Canada (Minister of Citizenship and Immigration) (Apr. 8, 2014, F.C., Douglas R. Campbell J., File No. IMM-12150-12) 239 A.C.W.S. (3d) 737.

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