Digests

Citizenship and Immigration

Status in Canada

Convention Refugees

Judicial review of immigration officer’s rejection of applications for permanent residence as convention refugees abroad class or humanitarian protected persons abroad class under Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR)—Applicants, Sierra Leoneans, fleeing country due to civil war—Officer determining applicants failing to establish cumulative requirements in IRPR, s. 139(1), in particular that no reasonable prospect of durable solution in country other than Canada under IRPR, s. 139(1)(d)—Applicants claiming officer erring by failing to consider compelling reasons exception in Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), s. 108(4)—Applicable standard of review of officer’s decision regarding compelling reasons exception under IRPA, s 108(4) reasonableness—Given applicants’ failure to meet IRPR, s. 139(1) requirements, not necessary for officer to consider potential applicability of IRPA, s. 108(4)—No evidence officer considered, reached decision regarding IRPA, s. 108(4)—Officer not erring by failing to give notice to applicants on issue since claimants having burden of establishing existence of compelling reasons not to be returned—Class of situations where decision-maker possibly making reviewable error under IRPA by failing to conduct assessment under s. 108(4) having to be narrowly circumscribed to ensure inclusion of only truly exceptional or extraordinary situations—That category of situations to be confined to those having prima facie evidence of “appalling” or “atrocious” past persecution—In all other cases, decision maker having discretion whether to perform such assessment—In present case, applicants’ prima facie evidence regarding past persecution suffered not rising to required level—Applications dismissed.

Alharazim v. Canada (Citizenship and Immigration) (IMM-1828-09, 2010 FC 1044, Crampton J., judgment dated October 22, 2010, 22 pp.)