Cumar v. Canada ( Minister of Citizenship and Immigration )
IMM-1072-95
Reed J.
30/1/96
6 pp.
Application to set aside decision of immigration officer insufficient humanitarian and compassionate grounds to grant applicant landing from within Canada-Applicant arrived in Canada as visitor on September 1, 1990-Made application for landing from within Canada based on marriage to landed immigrant sponsoring him-Sought exemption under Immigration Act, s. 114(2) from requirement landing must be sought from outside country- Immigration Act changed on February 1, 1993-Authority to grant exemptions from Act, Regulations now conferred on Minister-Applicant received letter dated March 14, 1994 stating application approved in principle, would be granted landing if all other requirements of Act, Regulations complied with-Applicant's marriage broke down-Landing refused under s. 114(2)-New provision applicable to applicant's case under Act, s. 109-Whether claim can be made on basis of legitimate expectations-Obtaining of exemption one of other requirements to be met-Exemption not granted-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 109 (as enacted by S.C. 1992, c. 49), 114(2) (as am. idem, s. 102)-Immigration Regulations, 1978, SOR/78-172.