Digests

Raudales v. Canada (Minister of Citizenship and Immigration)

IMM-2751-02

2003 FCT 385, Dawson J.

1/4/03

10 pp.

Judicial review of decision of immigration officer not exempting applicant on humanitarian and compassionate (H&C) grounds from legislative requirements applying for landing from outside of Canada--In application for exemption on H&C grounds, applicant stated born in 1983 in capital city of Honduras, Tegucigalpa--Until age 15, applicant lived in poverty with mother, grandmother and two siblings in poorest and most dangerous area of Tegucigalpa--In August 1998, applicant left Honduras, destined for Vancouver--Applicant walked and hitchhiked during five months during which applicant was robbed twice and detained in Mexican prison prior to arriving in Vancouver--After making unsuccessful refugee claim, applicant made H&C application--Applicant attended high school throughout time in Canada with full academic class schedule and was in top quartile of class-- Applicant became fluent in English--Application for H&C consideration supported by report from psychologist-- Psychologist reported damage to applicant not certainty if removed from Canada--Whether officer erred in assessing application on basis applicant adult--Person no longer child upon reaching age of 19 and applicant only 18 years old when making application--On H&C application, age of primary applicant relevant factor to consider, particularly if applicant's age of special significance--In present case, officer fully appreciated and considered applicant's age--Whether officer erred by misinterpreting psychological report provided in support of application--Officer entitled to conclude report did not indicate long-term adverse effects certainty if applicant removed from Canada to return to Honduras--Officer did not err--Whether officer erred in concluding applicant not established in Canada--On all evidence before officer, officer made patently unreasonable finding of fact in determining applicant had not established himself in Canada more than would any other high school student--For example, community of Nelson, British Columbia, donated funds and directly provided wherewithal to cover applicant's living and education expenses--Furthermore, city council wrote to Minister of Immigration to support application, and principal and superintendent of schools wrote to support H&C application--Accordingly, cannot say establishment in community not significant and no different from any other student--Finding contrary to overwhelming weight of evidence--Absent proper assessment of establishment, proper determination could not be made in present case as to whether requiring applicant to apply for permanent residence from abroad would constitute hardship unusual and undeserved or disproportionate--Judicial review allowed.