| Citation: |
Doe v. Canada (citizenship and immigration), 2010 FC 284, [2010] 3 F.C.R. D-12 |
IMM-3962-09 |
CITIzEnShIp anD ImmIGraTIon
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of decision by pre-removal risk assessment (PRRA) officer not to grant application for permanent residence from within Canada on humanitarian and compassionate (H&C) grounds—Principal applicant, citizen of European Union (EU) country, retaining counsel for PRRA but subsequently terminating relationship—Respondent sending request for further information concerning internal flight alternative to former counsel—Former counsel not forwarding request to applicant, therefore applicant unaware of request, not participating or providing input—Whether applicants denied procedural fairness by not being notified of request—Former counsel, respondent’s errors beyond applicant’s control—Court previously finding negligence of counsel should not cause careful applicant to suffer—While such case law involving misconduct, negligence of counsel retained on file, no reason for not applying same principle to this case, where counsel retained, but for different application—Applicants thus denied procedural fairness—Application allowed.
Doe v. Canada (Citizenship and Immigration) (IMM-3962-09, 2010 FC 284, Near J., judgment dated March 12, 2010, 13 pp.)