Hunter-Freeth v. Canada ( Minister of Citizenship and Immigration )
IMM-1795-95
Nadon J.
7/2/96
15 pp.
Judicial review of immigration officer's decision applicants not meriting exemption from Immigration Act, s. 9(1) (requirement application for visa be made before appearing at port of entry) on humanitarian, compassionate grounds (s. 114(2))-Applicants citizens of United Kingdom-Female applicant coming to Canada in 1992-Mother permanent resident of Canada, sister Canadian citizen-Coming to Canada to escape abusive former husband-Convention refugee claim rejected on basis had Internal Flight Alternative-Male applicant arriving in Canada in August 1992-Also harassed by female applicant's former husband-Applicants married in 1994-Application for exemption based on mutual emotional dependency between applicant, mother-Officer's notes indicating reviewed subjects' files, considered all facts and circumstances, but insufficient grounds to warrant inland processing-Reasons for decision not provided in communication of decision to applicants-Application dismissed-Cases dealing with immigration officer's duty to act fairly reviewed-Officer breaching no duty of fairness-Neither considering extrinsic factors, nor basing decision on factors without first putting them to applicants-Applicants granted oral hearing, benefit of counsel-Determination under s. 114(2) wholly matter of judgment, discretion: Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.)-Officer not required to give any "internal reasons" for decision-Consideration of "all the facts and circumstances of this case" all required of discretionary decision under s. 114(2)-If case law not requiring immigration officer to give formal reasons to applicant, illogical to require officer to give internal reasons-Discretionary decision under s. 114(2) subject to judicial review only when decision-maker errs in law, proceeds on some wrong principle or acts in bad faith-Shah not restricted to similar fact situations-Content of duty of fairness minimal in so far as s. 114(2) applications concerned-Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), (1.1) (as am. idem), 114(2) (as am. idem, s. 102).