Yu v. Canada ( Minister of Citizenship and Immigration )
IMM-1523-98
Richard A.C.J.
29/10/99
12 pp.
Compassionate and humanitarian considerations-Application for judicial review of refusal of H & C application-Applicant's family granted landing in 1992-Applicant, then under 19, could not come as required to complete military service-That done, and applicant 21, applied as independent for landing and for H & C consideration, invoking departmental policy and Regulatory Inpact Analysis Statement (RIAS) of 1992 amendments to Immigration Regulations, providing for eligibility of unmarried sons over 19 unable to accompany parents when still dependent because of obligation to perform military service-Application nevertheless refused, visa officer (VO) making no reference to RIAS, policy-Application allowed-Issue VO's consideration under H & C grounds and whether gave sufficient consideration to policy concerning persons not qualifying under Regulations, s. 2(1) by reason of military service-Although policy cannot be advanced for purpose of adding to s. 2(1), consideration sufficiently important to be mentioned in RIAS and departmental policy-As such, must be relevant consideration when taking into account H & C grounds-VO's failure herein to comply with duty to consider policy, weigh it (Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817) had direct bearing on outcome of decision-Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependent son"-Immigration Regulations, SOR/92-101, RIAS.