Nijjar v. Canada ( Minister of Citizenship and Immigration )
IMM-4180-96
Pinard J.
23/12/97
8 pp.
Application for judicial review of Immigration Program Officer's refusal to continue processing applicants' application for permanent residence as result of conclusion applicants did not come within definition of "dependant" in Immigration Regulations, 1978, s. 2 as have all attained 19 years of age, and none of three children has been continuously enrolled and in attendance as full-time student in educational institution-Issue whether officer had positive duty to submit applications to visa officer to be considered on basis of humanitarian and compassionate grounds-Application allowed-Correspondence from sponsor's counsel can be considered request for consideration based on humanitarian and compassionate grounds-Officer had duty to refer applications to visa officer for consideration on humanitarian and compassionate grounds-No basis to respondent's argument applicants cannot have applications considered on this basis simply because applied as "dependants" of principal applicant in "family class"-No reason why Regulations, s. 2.1, which includes general terms "any person" and "any regulation", could not apply to applicants' situation-Question certified as to whether visa officer can only consider humanitarian and compassionate application by persons found not to come within definition of "dependent son or daughter" in family class application if persons have submitted independent request therefor in application for permanent residence in Canada submitted in own right as principal applicant (either as independent application or as family class application where has applied as "member of the family class", not as accompanying dependant of member of family class)-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/92-101, s. 1; 93-44, s. 1; 93-412, s. 1).