HUMAN RIGHTS |
Naik v. Canada (Attorney General)
T-1374-01
2003 FCT 783, Pinard J.
26/6/03
7 pp.
Judicial review of CHRC decision dismissing complaint against Citizenship and Immigration on basis applicant's allegations of discrimination on ground of family status, gender, unfounded--Complaint filed following refusal of visitor's visa to applicant's niece to attend her divorce hearing in Canada--Application allowed--CHRC erred in interpretation of case law surrounding grounds of discrimi-nation which CHRC had jurisdiction to investigate--Any act or omission which impedes ability of assisting relative to take role in application process infringes on rights and benefits accorded to assisting relative under Immigration Act; if act or omission found to be discriminating, assisting relative in Canada would be as much victim as applicant: Menghani v. Canada Employment and Immigration Commission (1992), 17 C.H.R.R. D/236, upheld on this point in Canada (Secretary of State for External Affairs) v. Menghani, [1994] 2 F.C. 102 (T.D.)--Here, investigator clearly based recommendation on assumption only allegation which could be investigated was that visa officers' refusals constituted discrimination on ground of family status--This was error in law, and by simply adopting investigator's recommendations, CHRC based decision on same error of law--Investigator also erred by limiting her investigation only to direct and intentional discrimination.