Digests

Voitsekhovsky v. Canada (Minister of Citizenship and Immigration)

IMM-648-02

2002 FCT 952, Dawson J.

11/9/02

7 pp.

Application for judicial review of removal officer's decision not to defer deportation of applicant--Applicant 48-year-old citizen of Israel, born in Moldova, former Soviet Union-- Arrived in Canada in 1993 with husband, daughter on visitor's visa--Shortly after arriving in Canada, applicant made refugee claim against Israel, denied by Immigration and Refugee Board in May 1995--Leave for judicial review of decision denied--Applicant, family removed to Israel in 1996 --In 1998, applicant, husband, daughter returned to Canada on another visitor's visa, made second refugee claim-- Applicant submitted humanitarian and compassionate (H&C) application--According to applicant, interviewing officer encouraged her to file second H&C application--In February 2002, applicant served removal officer with notice of application for leave, for judicial review filed herein-- Whether removal officer breached duty of fairness based on doctrine of legitimate expectation when refused to defer removal arrangements pending outcome of second H&C application filed by applicant--Conduct said to give rise to reasonable expectation must be clear, unambiguous, unqualified--No evidence any representation, let alone clear, unambiguous, unqualified representation made removal would be deferred until after second H&C application made, processed--Evidence falling short of establishing express, implied representation removal would not proceed so as to found application of doctrine of legitimate expectation-- Filing of H&C application not conferring benefit even if removal proceeds as application will continue to be processed even after removal, and if successful applicant would then be allowed to return to Canada to be landed from within Canada--Application dismissed.