Canada Immigration Case-law Canada v Miller, IMMIGRATION —Selection and admission — Humanitarian and compassionate grounds by Joy Stephen, Polinsys
IMMIGRATION —Selection and admission — Humanitarian and compassionate grounds
Judgement for this Case: Click here!
Applicant had sole custody of Canadian child whose mother was unable to take care of — Child had serious permanent hearing impairment — Applicant sought permanent residence based on humanitarian and compassionate grounds — Officer requested further information — Applicant sent letter stating medical care available to child in Canada would not be available to child in country of origin — Applicant indicated in letter that study he found on Internet was attached — According to respondent no such document was received — Applicant’s application for permanent residence processed from within Canada on humanitarian and compassionate grounds was refused — Officer stated that despite request for further information regarding medical care available to child in country of origin, applicant provided additional written statements but no corroborative evidence — Officer concluded child could return to country of origin with applicant — Applicant sought judicial review — Application granted — Report was relevant to analysis and its absence led to key finding — Officer should have informed applicant that report was missing and requested copy — By failing to do so officer breached duty of procedural fairness
