CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Badejo v. Canada (Minister of Citizenship and Immigration)
IMM-1341-00
O'Keefe J.
30/11/00
10 pp.
Application for judicial review of immigration officer's decision insufficient humanitarian and compassionate grounds to allow applicant to apply for landing from within Canada--Applicant and two children citizens of Nigeria--Issue whether officer made reviewable error when denied applicants' H & C application--Application allowed--At H & C interview, applicant mentioned son suffering from bronchial asthma, and probability asthma medication not available in Nigeria--Immigration officer undertook to contact doctor in Nigeria to determine availability of treatment--No evidence officer contacted doctor--While no duty on immigration officer to write letter to doctor in Nigeria, once undertaking given, breach of duty of fairness owed to applicants not to write letter.