CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Baker v. Canada (Minister of Citizenship and Immigration)
IMM-1154-00
2001 FCT 371, McKeown J.
23/4/01
5 pp.
Application for judicial review of immigration officer's decision denying H & C application denied--Issues whether sufficient weight given to best interests of applicant's Canadian-born child; whether immigration officer erred by failing to give applicant chance to respond to concerns regarding long-term viability of applicant's relationship with fiancé, child's father; whether immigration officer erred by failing to reasonably assess H & C claim given totality of evidence--Application allowed--While no merit to applicant's submissions with respect to second and third issues, officer did not consider child's best interests as important factor, or give them substantial weight and not alert, alive and sensitive to them (interview took place prior to S.C.C. decision in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, but decision made shortly thereafter)--Finding of fact four-year-old child had option herein (of remaining in Canada with father who did not appear to be prepared to assume total responsibility for child, or follow deported mother to Grenada) perverse and capricious.