CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Rylott v. Canada (Minister of Citizenship and Immigration)
IMM-888-02
2003 FCT 129, Layden-Stevenson J.
6/2/03
8 pp.
Judicial review of immigration officer's refusal of exemption under Immigration Act, s. 114(2) from requirement to obtain immigrant visa prior to coming to Canada on humanitarian and compassionate (H&C) grounds--No reasons provided in refusal letter--Profound importance of present decision to those affected militates in favour of requirement to provide reasons--In Marine Atlantic Inc. v. Canadian Merchant Service Guild (2000), 258 N.R. 112 (F.C.A.), Court stated before seeking judicial review of tribunal order on grounds of failure to provide reasons, obligation on parties to request reasons from tribunal--No evidence applicant requested reasons--Officer's notes constitute reasons for decision--However, since officer not swearing to truth of their contents, notes cannot be relied upon as evidence of what occurred at interview--Notes indicating application for H&C waiver denied because officer not satisfied applicant's marriage to Canadian citizen genuine--Reasons for so finding: couple not living together, knew very little about each other, not sharing common culture, background, intellect or mutual knowledge--Officer's notes not referring to explanations why living apart--Notes may be relied upon only as reasons for decision, not as evidence of discussion at interview--Thus, evidence of applicant and husband uncontradicted--Officer made decision without regard to this evidence--Failure to consider all relevant evidence constitutes error of law--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, ss. 114(2) (as am. by S.C. 1992, c. 49, s. 102).