Digests

Naredo v. Canada (Minister of Citizenship and Immigration)

IMM-4126-99

Gibson J.

3/8/00

14 pp.

Application for judicial review of decision rejecting application for landing from within Canada on humanitarian, compassionate grounds--Applicants husband and wife, citizens of Chile--During Pinochet Regime, male applicant worked with Chilean secret police in Department of Clandestine Operations (Dicar)--Female applicant joined Chilean police in 1975--Acknowledged to be firm supporter of Pinochet Regime--Since coming to Canada, applicants have apparently led exemplary lives, substantially integrated into Canadian community together with sons--Decision under review denying applicants privilege of applying for landed status in Canada from within Canada--Decision in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, "raising the bar" in terms of what required of immigration officers in explanation of decisions such as one herein--Analysis reflected in reasons for immigration officer's decision, as relating to interests of applicants' children, entirely insufficient--Not open to immigration officer, against guidance provided by Baker, to leave issue of what best interests of applicants' children to applicants where latter about to be required to leave Canada to uncertain fate in Chile--To do so, as was done here, "completely dismissive" of interests of children--Immigration officer did not, herself, give "serious weight, consideration to interests of children"--Reasons of immigration officer for decision under review have "minimized in manner inconsistent with Canada's humanitarian and compassionate tradition" interests of applicants' children--Decision under review unreasonable, must be set aside--Application allowed.