CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Laluna v. Canada (Minister of Citizenship and Immigration)
IMM-1914-98
Tremblay-Lamer J.
15/2/00
7 pp.
Application for judicial review of immigration officer's decision refusing application for permanent residence under Live-in Caregiver in Canada Class on ground applicant had accumulated 21 months' work experience instead of required 24 months--Applicant twice had to seek new employment--Application dismissed--Immigration officer having no discretion where live-in caregiver failing to comply with 24-month statutory requirement--No merit to argument residual discretion in officer to review matter under Immigration Act, s. 114(2) (humanitarian and compassionate application)--As immigration officer herein exercising ministerial duty, no discretion exists--Application to make humanitarian and compassionate application must be accompanied by fees--Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102).