Citizenship and Immigration
Status in Canada
Permanent Residents
Humanitarian and Compassionate Considerations
Judicial review of decision by pre-removal risk assessment officer denying application for exemption from permanent resident visa requirements on humanitarian and compassionate (H&C) grounds—Officer’s decision unreasonable as failed to consider relevant evidence of applicant’s personal circumstances potentially constituting hardship for purposes of H&C decision—Issues not considered by officer, in event of applicant’s return to Nigeria, including loss of income replacement benefits, medical and rehabilitation treatment, and employment retraining, all provided after applicant severely injured in accident in 2006; loss of ability to financially support wife and stepson in Canada, and two sons in Nigeria; hardship in being separated from wife and stepson in Canada; hardship in returning to region where no prospect of employment and severe poverty—Application allowed.
Ebonka v. Canada (Minister of Citizenship and Immigration) (IMM-2758-08, 2009 FC 80, Kelen J., judgment dated January 27, 2009, 11 pp.)