| Citation: |
Yoo v. Canada (Minister of Citizenship and Immigration), 2009 FC 343, [2009] 3 F.C.R. D-11 |
IMM-2824-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of immigration officer’s refusal of request by father, two adult sons (the applicants) for exemption to make in-Canada humanitarian and compassionate application under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25 —Principal applicant, sons arriving in Canada with visas—Family eventually living without legal status because principal applicant unable to renew Korean passport—Whether officer properly considering best interests of children—Naredo v. Canada (Minister of Citizenship and Immigration) (2000), 192 D.L.R. (4th) 373 (F.C.T.D.), wherein two adult children aged 20, 22 considered entitled to “best interests of child” analysis since would be adversely affected by parents’ removal, followed—Principal applicant’s sons deserving of best interests of child analysis because father undertaking responsibility for children’s care; sons financially dependent; younger son continuously in school while other son returning thereto after brief hiatus—Application allowed.
Yoo v. Canada (Minister of Citizenship and Immigration) (IMM-2824-08, 2009 FC 343, Mandamin J., judgment dated April 2, 2009, 16 pp.)