| Citation: |
Koromila v. Canada (Minister of Citizenship and Immigration), 2009 FC 393, [2009] 3 F.C.R. D-11 |
IMM-3499-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of Citizenship and Immigration Canada officer’s denial of applicant’s humanitarian and compassionate application based on Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25—Applicant, elderly person, residing in Greece alone without family support—Many years ago, applicant’s sister immigrating to Canada after marrying Canadian citizen but applicant remained in Greece to take care of aging, infirm aunt—Applicant requesting consideration of Act, s. 3(1)(d) dealing with family reunification in Canada—Officer misunderstanding scope of Act, s. 3(1)(d) when stating law’s objective being to reunite parents with children or children with parents or spouses—Misinterpretation leading officer to wrongly exclude application of s. 3(1)(d) to applicant’s case—Wrongly determined applicant’s coming to Canada permanently matter of convenience, that applicant not de facto family member left behind—Officer also mischaracterizing separation of applicant’s family; entirely disregarding applicant’s complete emotional, human dependency on family in Canada—Application allowed.
Koromila v. Canada (Minister of Citizenship and Immigration) (IMM-3499-08, 2009 FC 393, Russell J., judgment dated April 22, 2009, 27 pp.)