CITIZENSHIP AND IMMIGRATION
Humanitarian and Compassionate
Considerations
Persons with Temporary Status
Judicial review of Citizenship and Immigration officer’s denial of application to extend temporary resident status, renew working permit—Applicant, Filipino, arriving in Canada under Live‑in Caregiver Program (LCP), having temporary resident status until March 5, 2004, holding work permit—Applicant laid off in January 2004 but finding job with new family in February 2004—Entering into contract with new family and receiving job confirmation—Application to extend resident status, work permit made only on May 19, 2004 when applicant applying for new work permit— Citizenship and Immigration Canada (CIC) denying applica-tion on ground applicant no longer having temporary resident status on May 21, 2004, date application made—Visa officers’ decisions reviewed on standard of reasonableness simpliciter —One objective of Immigration and Refugee Protection Act to facilitate entry of temporary workers for trade, commerce— Purpose of LCP to facilitate attainment of permanent resident status—Working on basis of dual, interdependent authorizations (work permit, temporary resident status)— Authorizations obtained when caregiver arrives in Canada— Caregivers entitled to change employers provided validated job offer, new employment contract furnished—Applicant required under Immigration and Refugee Protection Regulations to apply for extension of temporary resident status, work permit before expiry of work permit—90‑day (grace period) provided for caregivers who apply after expiry of work permit—Process for renewal, extension, restoration described in CIC booklet—Booklet making nebulous distinction between “extension”, “restoration” of status— Applicant completing proper form but only checking box respecting renewal of work permit, not box respecting restoration of temporary resident status—Also only enclosed required fee for renewal, not for restoration of status —CIC’s actions lacking common sense in present case— Purpose of IRPA to permit, not prevent, immigration—90‑day grace period to allow live‑in caregivers to rectify status—Applicant applied for renewal within required 90‑day grace period—Still had 19 days to correct deficiencies— Bureaucratic delay should not be used to justify, curtail applicant’s rights—CIC’s rejection having drastic effect on applicant—Rejection of application bringing hardship to applicant, completely out of tune with general nature of LCP—Booklet confusing, difficult to read—CIC mechanically applying Regulations when ruling application out of time— Decision unreasonable, not consistent with common sense, requirement of procedural fairness—Application allowed— Immigration and Refugee Protection Act, S.C. 2001, c. 27—Immigration and Refugee Protection Regulations, SOR/2002‑227.
Lim v. Canada (Minister of Citizenship and Immigration) (IMM‑5748‑04, 2005 FC 657, von Finckenstein J., order dated 10/5/05, 16 pp.)