Donovan v. Canada (Minister of Citizenship and Immigration), (2015) 477 F.T.R. 111 (FC)

JudgeRussell, J.
CourtFederal Court (Canada)
Case DateJanuary 21, 2015
JurisdictionCanada (Federal)
Citations(2015), 477 F.T.R. 111 (FC);2015 FC 359

Donovan v. Can. (M.C.I.) (2015), 477 F.T.R. 111 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. MR.059

William O'Neil Donovan (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-6041-13; 2015 FC 359)

Indexed As: Donovan v. Canada (Minister of Citizenship and Immigration)

Federal Court

Russell, J.

March 20, 2015.

Summary:

The applicant, a citizen of Jamaica, applied for permanent residence under the spouse or common-law partner in Canada class. A visa officer denied the application because the applicant's 13 year old son was not medically examined. The applicant's request to have his son removed from his application was denied. The applicant applied for judicial review.

The Federal Court dismissed the application.

Aliens - Topic 1236

Admission - Immigrants - Application for admission - Evidence and proof - Donovan, a citizen of Jamaica, applied for permanent residence under the spouse or common-law partner in Canada class - Donovan had joint custody of his 13 year old child who lived with Donovan's ex-wife in Jamaica - The ex-wife would not cooperate with Donovan's attempts to have the child medically examined for the purpose of his permanent residence application - Donovan therefore requested that the child be removed from his application - This request was refused - A visa officer denied the application because the child had not been medically examined - The Federal Court dismissed Donovan's application for judicial review - The examination of non-accompanying dependents was a mandatory requirement created by the Immigration and Refugee Protection Regulations - The only exception occurred by virtue of s. 23 for a child in the sole custody of an ex-spouse - Donovan did not submit documentation to show that he did not have custody or that he was not "empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law" - The fact that the ex-wife might thwart or inconvenience Donovan did not mean that Donovan lost custody or that he was not empowered to act on behalf of the child - The officer found that Donovan had not done enough to allow the officer to exercise the discretion to proceed without an examination, especially given the custody situation - It could not be said that the officer's conclusion was unreasonable.

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 12].

Agraira v. Canada (Minister of Public Safety and Emergency Preparedness) et al. (2013), 446 N.R. 65; 2013 SCC 36, refd to. [para. 12].

Rojas v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 662; 2012 FC 1303, dist. [para. 13].

Patel v. Canada (Minister of Citizenship and Immigration) (2011), 419 N.R. 321; 2011 FCA 187, refd to. [para. 14].

Khan v. Canada (Minister of Citizenship and Immigration) (2011), 426 N.R. 12; 2011 FCA 339, refd to. [para. 14].

Kanthasamy v. Canada (Minister of Citizenship and Immigration) (2014), 459 N.R. 367; 2014 FCA 113, refd to. [para. 14].

Lemus et al. v. Canada (Minister of Citizenship and Immigration) (2014), 461 N.R. 310; 2014 FCA 114, refd to. [para. 14].

Khosa v. Canada (Minister of Citizenship and Immigration) (2009), 385 N.R. 206; 2009 SCC 12, refd to. [para. 15].

Schlotfeldt v. Schlotfeldt, [2008] B.C.T.C. Uned. 363; 2008 BCSC 678, refd to. [para. 24].

Lake v. Canada (Minister of Justice) (2008), 373 N.R. 339; 236 O.A.C. 371; 2008 SCC 23, refd to. [para. 41].

Exeter v. Canada (Attorney General) (2011), 423 N.R. 262; 2011 FCA 253, refd to. [para. 42].

Counsel:

Max Chaudhary, for the applicant;

Manuel Mendelzon, for the respondent.

Solicitors of Record:

Max Chaudhary, North York, Ontario, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Toronto, Ontario, for the respondent.

This application for judicial review was heard at Toronto, Ontario, on January 21, 2015, before Russell, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on March 20, 2015.

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3 practice notes
  • Rahimi v. Canada (Citizenship and Immigration), 2017 FC 758
    • Canada
    • Federal Court (Canada)
    • August 4, 2017
    ...(Citizenship and Immigration), 2017 FCA 132 at para 31, [2017] FCJ No 638 (QL). [43] In Donovan v Canada (Citizenship and Immigration), 2015 FC 359, at para 14, [2015] FCJ No 316 (QL) [Donovan], released after both Ijaz and Dashtban, Mr. Justice James Russell relied on decisions in the Fede......
  • Karunanithi c. Canada (Citoyenneté et Immigration),
    • Canada
    • Federal Court (Canada)
    • January 16, 2017
    ...2016 FC 643; Rarama v. Canada (Citizenship and Immigration), 2014 FC 60, 446 F.T.R. 111; Donovan v. Canada (Citizenship and Immigration), 2015 FC 359.CONSIDERED:Alexander v. Canada (Solicitor General), 2005 FC 1147, [2006] 2 F.C.R. 681; Anderson v. Canada (Citizenship and Immigration), 2015......
  • Mursalim v. Canada (Minister of Citizenship and Immigration), 2016 FC 264
    • Canada
    • Federal Court (Canada)
    • March 1, 2016
    ...the Officer's decision is reviewable on a standard of reasonableness (see Donovan v Canada (Minister of Citizenship and Immigration) , 2015 FC 359). IV. Submissions of the Parties A. Applicant's Position [10] The Applicant raises several arguments in his submissions on procedural fairness. ......
3 cases
  • Rahimi v. Canada (Citizenship and Immigration), 2017 FC 758
    • Canada
    • Federal Court (Canada)
    • August 4, 2017
    ...(Citizenship and Immigration), 2017 FCA 132 at para 31, [2017] FCJ No 638 (QL). [43] In Donovan v Canada (Citizenship and Immigration), 2015 FC 359, at para 14, [2015] FCJ No 316 (QL) [Donovan], released after both Ijaz and Dashtban, Mr. Justice James Russell relied on decisions in the Fede......
  • Karunanithi c. Canada (Citoyenneté et Immigration),
    • Canada
    • Federal Court (Canada)
    • January 16, 2017
    ...2016 FC 643; Rarama v. Canada (Citizenship and Immigration), 2014 FC 60, 446 F.T.R. 111; Donovan v. Canada (Citizenship and Immigration), 2015 FC 359.CONSIDERED:Alexander v. Canada (Solicitor General), 2005 FC 1147, [2006] 2 F.C.R. 681; Anderson v. Canada (Citizenship and Immigration), 2015......
  • Mursalim v. Canada (Minister of Citizenship and Immigration), 2016 FC 264
    • Canada
    • Federal Court (Canada)
    • March 1, 2016
    ...the Officer's decision is reviewable on a standard of reasonableness (see Donovan v Canada (Minister of Citizenship and Immigration) , 2015 FC 359). IV. Submissions of the Parties A. Applicant's Position [10] The Applicant raises several arguments in his submissions on procedural fairness. ......

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