Adebiyi v. Canada ( Minister of Employment and Immigration )
IMM-91-93
Gibson J.
15/2/94
7 pp.
Application to review Minister's decision insufficient humanitarian, compassionate, public policy grounds to warrant processing application for permanent residence from within Canada pursuant to Immigration Act, s. 114(2) -- Applicant requesting certiorari quashing Minister's decision, mandamus directing Minister to reassess request for processing application for permanent residence from within Canada -- Applicant, national of Nigeria, claimed refugee status in 1990 -- Married permanent resident of Canada in 1992 -- Claim to Convention refugee status denied -- Requested humanitarian and compassionate review on basis of marriage -- Applicant's marriage found not bona fide due to inconsistencies in couple's answers at interview -- Applicant alleging denied natural justice as immigration officer based negative decision with respect to marriage on evidence, considerations not disclosed to applicant and to which given no opportunity to respond -- Applicant, counsel had to be aware applicant's credibility suspect as refugee claim rejected in part on basis of implausibilities in evidence, and timing of marriage considered suspect -- Interview process conducted separately to avoid collusion between claimant and witness to elucidate truth as to bona fides of marriage -- Procedural fairness not requiring respondent to disclose discrepancies arising out of separate interviews and to provide opportunity to respond -- Immigration officer neither improperly fettering discretion nor misconstruing evidence -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 83(1) (as am. by S.C. 1992, c. 49, s. 73), 114(2) (as am. idem, s. 102).