Beggs v. Canada (Citizenship and Immigration), 2013 FC 903 (2013)

Parts:Beggs v. Canada (Citizenship and Immigration)
Reporting Judge:The Honourable Mr. Justice Rennie
Docket Number:IMM-7819-12
 
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Federal Court - Beggs v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc903/2013fc903.html

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Federal Court

Cour fédérale

Date: 20130827

Docket: IMM-7819-12

Citation: 2013 FC 903

Ottawa , Ontario , August 27, 2013

PRESENT: The Honourable Mr. Justice Rennie

BETWEEN:

DESALYN ANASTASIA BEGGS AND SHARRI ALISHA ASHA WILLIAMS

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] The applicants seek to set aside a decision denying their application for permanent residence from within Canada on humanitarian and compassionate (H&C) grounds. The applicants required an exemption from the usual requirement under subsection 11(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 ( IRPA ) that they apply for a permanent residence visa from abroad.

[2] I have concluded that this application for judicial review should be dismissed.

[3] The principal applicant is a citizen of Grenada and arrived in Canada as a visitor in 1999. Her daughter, Sharri, joined her in 2004. The applicant provided evidence of her establishment in Canada, including her employment and volunteer activities. She explained that she has nothing to return to in Grenada as she has no property or close relatives there. She also explained that the hurricane in 2004 caused significant economic and social upheaval, rendering her prospects of employment minimal.

[4] Pursuant to subsection 25(1) of the IRPA , the Immigration Officer assessed whether the hardship of applying for a permanent resident visa from outside of Canada would be unusual, undeserved or disproportionate. This requires evidence of hardship beyond the usual and inherent consequences of being required to leave Canada after a period of establishment: Irimie v Canada (Minister of Citizenship and Immigration) , [2000] FCJ No 1906, para 12. The standard of review for H&C decisions is reasonableness: Kisana v Canada (MCI) , 2009 FCA 189, para 18. There is also a question of procedural fairness which is reviewed on the correctness standard.

Procedural Fairness

[5] The Officer referred to reports from the United States Department of State, the World Bank, the Granada government and an Immigration and Refugee Board Response to Information Request.

[6] The applicants submit that the Officer breached...

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