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CITIZENSHIP AND IMMIGRATION

Status in Canada

Permanent Residents

Humanitarian and Compassionate Considerations

Judicial review of decision by pre‑removal risk assessment PRRA officer to refuse humanitarian and compassionate application for permanent residence from within Canada—Applicant, citizen of Pakistan, admitted to Canada as visitor for six-month period to visit brother living in Montreal area—Refugee status application refused as applicant neither Convention refugee from within Canada nor person in need of protection as defined in Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97—Degree of establishment in Canada not sufficient to warrant accepting humanitarian and compassionate application—Act, s. 25(1) containing two types of consideration: humanitarian and compassionate, public interest—Applicant’s personal situation, being skilled worker in profession experiencing shortage in Canada, not constituting public interest consideration—PRRA officer having authority to assess H&C application with allegation of risk—No breach of procedural fairness herein as application assessed by right individual—Application dismissed.

Aqeel v. Canada (Minister of Citizenship and Immigration) (IMM-1756-06, 2006 FC 1498, Pinard J., judgment dated 19/12-06/12 pp.)

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