Drame v. Canada ( Minister of Employment and Immigration )
IMM-3255-93
Nadon J.
24/8/94
19 pp.
Application for judicial review from decision of immigration officer no compassionate grounds existed to justify waiving application of regulation pursuant to Immigration Act, s. 114(2) -- Applicant, of Guinean nationality, married permanent resident in Canada -- Filed waiver application based primarily on marriage -- Following interview with immigration officer, informed application to waive visa based on Act, s. 114(2) dismissed -- Made new application for waiver through counsel, who wrote letter to Employment and Immigration Commission supervisor -- Application again dismissed -- Decision by immigration officer under s. 114(2) result of discretionary power and so cannot be challenged on merits -- Can only be reversed if applicant able to show immigration officer made error of law, failed in duty to act fairly or acted in bad faith -- Immigration officer did not fail in duty to act fairly in not giving applicant opportunity to comment on contradictions mentioned by her-Applicant alleged immigration officer "deliberately forgot" to take into account fact she was pregnant at interview of February 16, 1993, and had two-month old child when officer made decision on June 11, 1993 -- Only one interview took place, that of February 16, 1993 -- Immigration officer did not exercise discretionary power in good faith in circumstances surrounding applicant's application-Informed person considering applicant's application would have considered fact applicant gave birth to child in April 1993 -- No mention in reasons and recommendations of immigration officer that applicant pregnant at interview of February 16, 1993 and gave birth to child in April 1993 -- This information and resulting documentation should have been considered by immigration officer in exercise of discretionary power -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).