CITIZENSHIP AND IMMIGRATION
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of immigration officer’s decision rejecting application for landing on humanitarian and compassionate (H&C) grounds—Applicant previously making refugee claim —That claim rejected on basis applicant not credible (applicant not mentioning in Personal Information Form that he had been in U.S. for three years before coming to Canada), and internal flight alternative available—Officer finding that despite fact applicant married to permanent resident with two children, personal circumstances such that hardship of having to obtain permanent resident visa outside Canada not unusual, disproportionate—Applicant arguing that because officer had doubts about genuineness of marriage, he was entitled to oral interview, opportunity to rebut concerns—Although interview not necessary in each case, applicant in case at bar not afforded meaningful participation with respect to defending legitimacy of marriage—Officer dealing with evidence before him in perverse, capricious manner by speculating on validity of marriage—Presumption of legitimacy of valid marriage must stand absent evidence to contrary—Age, religious difference, speed of marriage, business (rather than personal) nature of purchase of restaurant with wife, in and of themselves, not indicating illegitimate marriage—Interview necessary for legitimacy to be assessed—Duty of fairness thus breached—Application allowed.
Khan v. Canada (Minister of Citizenship and Immigration) (IMM‑1291‑05, 2005 FC 1372, Rouleau J., order dated 11/10/05, 9 pp.)