CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Enriquez v. Canada (Minister of Citizenship and Immigration)
IMM-7404-03
2004 FC 1044, Heneghan J.
28/7/04
5 pp.
Judicial review of decision of immigration officer rejecting applicant's permanent residence application as "live-in caregiver"--Applicant entered Canada as visitor-- Subsequently obtained student visa--Later received employment authorization as live-in caregiver, and applied two years later for permanent resident status as member of live-in caregiver class--Applicant notified may not be eligible for permanent residence due to failure to meet requirements of Immigration and Refugee Protection Regulations, s. 113 requiring entry into Canada as live-in caregiver--Applicant argued because treated by respondent as member of live-in caregiver class, doctrine of reasonable expectation requires she be considered eligible for permanent residence as member of that class--Immigration Regulations, 1978, s. 2(1) definition of "member of the live-in caregivers in Canada class" in force at time of applicant's entry, clearly stated person seeking entry as live-in caregiver must first apply to visa office (which exists outside Canada) for visa--Doctrine of legitimate expectations aspect of procedural fairness and thus not applicable in this case, where issue whether applicant complied with statutory requirements--Application dismissed --Immigration and Refugee Protection Regulations, SOR/2002-227, s. 113--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "member of the live-in caregivers in Canada class" (enacted by SOR/93-44, s. 1(5)).