Turingan v. Canada ( Minister of Employment and Immigration )
IMM-1694-93
Jerome A.C.J.
25/11/93
4 pp.
Applicant coming to Canada from Philippines in 1990 pursuant to Foreign Domestic Workers' Program -- Working as live-in caregiver since arrival -- In 1992 peptic ulcer imposing diet restrictions -- Began having supper and staying at friend's apartment, returning to work next day -- Continuing to keep belongings at employer's house, pay room and board, maintain telephone, mail service -- Application for permanent resident status denied due to error in calculation of length of time applicant worked -- Application allowed -- Matter referred back to immigration officer for redetermination in manner consistent with guiding principles of Program set out in Karim v. Canada (Minister of Employment and Immigration), [1989] 21 F.T.R. 237 (T.D.) -- Purpose of Program to facilitate attainment of permanent resident status -- Incumbent on Department to adopt flexible, constructive approach in dealings with participants -- Role not to deny permanent resident status on technical grounds, but to work with, assist participants in achieving permanent resident status -- Purpose of Live-in Caregiver Program to fill void in Canadian labour market -- Immigration officer having limited discretion to refuse permanent resident status once established participant worked required 24-month period -- If Department intending to adopt strict interpretation of live-in requirements, basic principles of fairness imposing duty to inform applicant of conclusions as to live-in status and to afford her opportunity to correct breach before compelling departure.