Sitarul v. Canada ( Minister of Citizenship and Immigration )
IMM-6021-93
Teitelbaum J.
18/7/95
10 pp.
Judicial review of visa officer's decision to refuse permanent residence application-Issue whether visa officer obliged under law to consider immigration policy in exercise of discretion-Applicant submitting visa officer erring by not considering Immigration policy IS 1.17 regarding "last remaining family members"-Visa officer concluding applicant not last remaining family member as four children, brother and sister remaining-Applicant submitting key to IS 1.17 whether person left behind having emotional or financial dependence on emigrating people and not whether person left behind constituting "last person"-Respondent submitting IS 1.17 applying to people who cannot care for themselves on ground having no realistic support, being last person in country and must rely on family in Canada; and IS 1.17 allowing such persons to come to Canada to be with people who normally take care of them-Visa officer incorrectly defining meaning of last remaining family member-IS 1.17 not meant to say person cannot be considered last remaining family member where any other family member remaining in country-IS 1.17 meant to apply to person having considerable difficulty in meeting financial or emotional needs without assistance and support of family unit migrating or already in Canada and whose family members remaining in country from which person wishing to emigrate cannot provide necessary financial or emotional support needed-Visa officer failing to consider whether brother, sister or four children could help applicant meet emotional or financial needs-Judicial review allowed.