Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

                                                                         Humanitarian and Compassionate

Considerations

Judicial review of Canada Border Services Agency officers decision insufficient humanitarian and compassionate factors to justify allowing applicant to make permanent resident application from within CanadaApplicant, Albanian, politically active in Democratic Party in Albania, claiming refugee status in CanadaAlleging political activity subjected applicant, family members to threatsApplicants refugee application, leave for judicial review deniedOfficer reviewing H&C application noting risk not an H&C considerationAlso noting bulk of applicants H&C request based on riskIn Citizenship and Immigrations Immigration Manual relating to H&C inland applications, hardship specified as relevant factor in evaluation of application Hardship may result from risk even where risk insufficient to justify refugee protectionRisk is consideration in evaluation of hardship that might be unusual and undeserved, disproportionate as stated in Immigration ManualOfficer making reviewable error in failing to consider risk applicant would face if required to apply for landing from AlbaniaRisk applicant allegedly facing if required to return to Albania to make landing application to be taken into account in evaluation of H&C application Application allowedImmigration and Refugee Protection Act, S.C. 2001, c. 27.

Beluli v. Canada (Minister of Citizenship and Immigration) (IMM‑5217‑04, 2005 FC 898, Gibson J., order dated 24/6/05, 6 pp.)

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