CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Kim v. Canada (Minister of Citizenship and Immigration)
IMM-7290-03
2004 FC 1461, O'Keefe J.
21/10/04
15 pp.
Judicial review of decision of immigration officer insufficient humanitarian and compassionate grounds to warrant processing of applicants' permanent residence application from within Canada, to permit exemption from Immigration and Refugee Protection Act, s. 11(1)-- Applicants citizens of Republic of Korea, arrived in Canada in 1999--Applicant, wife employed since coming to Canada--Both do charitable volunteer work--On basis of Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, immigration officer's decision should be reviewed on reasonableness simpliciter standard--Immigration officer stating insufficient evidence church could not function without applicants' assistance --Imposing too high a standard on applicants--Applicants' activity in church could count towards degree of establishment in Canada, even if church could still function without their assistance--Immigration officer made reviewable error in fettering discretion in deciding applicants not sufficiently established in Canada--Immigration officer must properly consider best interests of children--Failed to address some issues concerning children--When considering best interests of children, weighing of relevant factors required to determine what those best interests are--Not done herein-- Immigration officer not "alert, alive and sensitive" to best interests of children--Immigration officer's decision not reasonable, must be set aside--Application allowed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 11(1).