Navaratnam v. Canada ( Minister of Citizenship and Immigration )
IMM-555-99
Gibson J.
6/12/99
7 pp.
Humanitarian and compassionate considerations-Application for judicial review of immigration officer's refusal of application for exemption on humanitarian and compassionate grounds (H & C application)-H & C application following unsuccessful application for Convention refugee status, judicial class review, post-determination refugee claimants in Canada class review-Applicant citizen of Sri Lanka-Marriage to Canadian citizen in Canada, child born of marriage-However, marriage not legal as not properly registered-Application allowed-Interview notes taken by immigration officer disclose absolutely no analysis of written material before interviewing officer and of results of interview-No affidavit filed by immigration officer in present application that might have disclosed process of analysis by which decision to deny landing from within Canada arrived at-Although notes of interviewing officer herein eventually provided to applicant, notes leave it entirely to inference as to how, and for what reasons, interviewing officer reached his decision-Subsequent document entitled "case summary" providing some analysis but focussing entirely on whether marriage one of substance, duration thereof and whether entered into in good faith-No mention of impact of denial of H & C application on child-As in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, immigration officer herein completely dismissive of interests of child and same result must follow-Immigration officer's decision unreasonable exercise of power conferred by legislation, and must be overturned-Decision under review might be reasonably open to immigration officer but failure to emphasize rights, interests and needs of child and to provide special attention to childhood in rationale for decision meant immigration officer did not consider child as important factor in making decision, with result decision, on analysis provided, simply not reasonably open to decision maker.