CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Humanitarian and Compassionate Considerations |
Leung v. Canada (Minister of Citizenship and Immigration)
IMM-4824-00
2001 FCT 827, Heneghan J.
25/7/01
8 pp.
Application for judicial review of immigration counsellor's decision declining to exercise her discretion to find applicant eligible to apply for permanent residence when in Canada based on humanitarian and compassionate (H & C) considerations--Applicant resident of Hong Kong--Child, born in Canada, suffering from seizures--Condition improving in response to treatment by naturopathic physician and to hyperbaric oxygen treatment not available in Hong Kong--Immigration counsellor, purporting to have considered best interests of child, refused application on ground applicant had failed to show undue hardship if returned to Hong Kong for processing of application--Issue whether immigration counsellor gave sufficient attention to well-being of child in deciding to refuse applicant's H & C application--Application allowed--Immigration counsellor only provided passing reference to interests of child in decision--Technically met requirement in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, but no indication she considered evidence before her about necessary presence of applicant in Canada for purpose of facilitating access by child to medical treatment in Canada to which child, as Canadian citizen, entitled--Decision unreasonable and unsupported by evidence.