CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Carpio v. Canada (Minister of Citizenship and Immigration)
IMM-2267-99
Rouleau J.
8/6/00
5 pp.
Humanitarian and compassionate considerations--Application for judicial review of immigration officer's decision finding insufficient humanitarian and compassionate considerations under Immigration Act, s. 114(2) to warrant exemption from Act, s. 9(1)--Applicants citizens of El Salvador--Arrived separately in Canada in 1994, 1995--Application for landing from within Canada under humanitarian, compassionate grounds denied--Applicants submitting immigration officer not properly following guidelines bound to consider when rendering decision--Applicants having stable history of employment, appearing integrated into community, having extended family in country--Immigration officer not making genuine attempt to adhere to guidelines provided by Minister when taking over file 14 months after initial interview, verifying contents simply by telephone--Situation offending sense of fairness--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, ss. 9 (as am. by S.C. 1992, c. 49, s. 4), 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36.