CITIZENSHIP AND IMMIGRATION
Humanitarian and Compassionate
Considerations
Judicial review of Canada Border Services Agency officer’s decision insufficient humanitarian and compassionate factors to justify allowing applicant to make permanent resident application from within Canada—Applicant, Albanian, politically active in Democratic Party in Albania, claiming refugee status in Canada—Alleging political activity subjected applicant, family members to threats—Applicant’s refugee application, leave for judicial review denied—Officer reviewing H&C application noting risk not an H&C consideration—Also noting bulk of applicant’s H&C request based on risk—In Citizenship and Immigration’s Immigration Manual relating to H&C inland applications, “hardship” specified as relevant factor in evaluation of application— “Hardship” may result from “risk” even where risk insufficient to justify refugee protection—Risk is consideration in evaluation of “hardship” that might be “unusual and undeserved”, “disproportionate” as stated in Immigration Manual—Officer making reviewable error in failing to consider “risk” applicant would face if required to apply for landing from Albania—Risk applicant allegedly facing if required to return to Albania to make landing application to be taken into account in evaluation of H&C application— Application allowed—Immigration and Refugee Protection Act, S.C. 2001, c. 27.
Beluli v. Canada (Minister of Citizenship and Immigration) (IMM‑5217‑04, 2005 FC 898, Gibson J., order dated 24/6/05, 6 pp.)