Unreasonable for officer to make decision in isolation of applicant’s actual situation

Federal court | Immigration and Citizenship | Admission | Application for temporary resident or immigrant visa

Applicant was citizen of Nigeria who was convicted of distribution of heroin in United States in 1993 and deported from that country. Applicant came to Canada in 1998 and claimed refugee status. Refugee application and application for review based on humanitarian and compassionate grounds were dismissed. Applicant was found inadmissible to Canada because of criminality and misrepresentation, and deportation and expulsion order issued. Applicant made three criminal rehabilitation applications and second application under humanitarian and compassionate grounds. In 2015 applicant filed application for temporary resident permit which was refused. Applicant was removed to Nigeria in 2015. Applicant was in 16-year common law relationship with Canadian citizen and operated successful Toronto business. Applicant brought application for judicial review of refusal of temporary resident permit. Application granted. Immigration officer relied solely on narrow submissions presented by self-represented applicant. It was unreasonable for officer to ignore applicant’s long immigration history and particularly 16-year common law relationship and outstanding humanitarian and compassionate application. Officer’s determination was made in complete isolation of applicant’s actual situation. Matter was remitted for re-determination by different officer.

Alabi v. Canada (Minister of Citizenship and Immigration) (2017), 2017 CarswellNat 858, 2017 FC 294, Glennys L. McVeigh J. (F.C.).

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