Citizenship and Immigration
Judicial Review
Special consideration—Judicial review of both Pre-Removal Risk Assessment (PRRA), negative Humanitarian and Compassionate (H&C) determination rejecting joint pleas for relief of applicant, family members regarding prospective return to Kenya—Federal Courts Rules, SOR/98-106, r. 302 prohibiting application for judicial review of two decisions in single application—Nonetheless familymembers filing independent judicial review applications each challenging both decisions—Mother, father filed together; applicant, sister filed separately—Negative PRRA decision, negative H&C decision directed to all members of family jointly—However leave granted only with respect to applicant’s application—Injustice in not considering family’s applications for leave as a unit—H&C determination fundamentally flawed—Only applicant entitled to redetermination—Miscarriage of justice to set aside decision regarding applicant, but not other family members—While Federal Court only having jurisdiction to set aside H&C decision regarding applicant, fairness dictating members of applicant’s family should also be granted same reconsideration—Also consistent with manner in which family’s H&C application conducted—Application allowed.
Sosi v. Canada (Minister of Citizenship and Immigration) (IMM-1074-08, 2008 FC 1300, Campbell J., order dated November 24, 2008, 14 pp.)