Citation: |
Basra v. Canada (Minister of Citizenship and Immigration), 2009 FC 535, [2009] 3 F.C.R. D-19 |
IMM-4512-08 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of visa officer’s refusal of overseas application for permanent residence on humanitarian, compassionate grounds—Application assessed under wrong guidelines—Affidavit from visa officer explaining errors, reasons for decisions to be given little weight—Officer’s treatment of medical report regarding son’s paternal grandmother unreasonable—Fact medical report obtained for purpose of immigration application not meaning report unreliable—Officer’s reasoning on medical evidence would place applicants with medical conditions in impossible situation—Although officer finding in-laws expected to support deceased son’s widow, child in India, also finding applicant financially self-sufficient—Given evidence to contrary, finding unreasonable—Application allowed.
Basra v. Canada (Minister of Citizenship and Immigration) (IMM-4512-08, 2009 FC 535, Mactavish J., judgment dated May 22, 2009, 8 pp.)