Lata v. Canada ( Minister of Citizenship and Immigration )
IMM-1155-95
MacKay J.
16/4/96
9 pp.
Application for judicial review of adjudicator's decision applicant not permanent resident of Canada-Applicant 22- yearold Fijian woman marrying Canadian citizen in Fiji, July 7, 1992-November 20, 1992, applicant applied through Canadian Consulate General in Sydney, Australia for permanent residence sponsored by husband-Issued immigrant visa in March 1993 but torn up by husband along with Fijian passport-Applicant entered Canada April 19, 1993 but husband retained all documents and spoke with immigration officials on her behalf-May 14, 1993, Sydney Consulate General cancelled original visa and issued new one valid until February 1994-May 1993, applicant left husband due to physical abuse-May 18, 1993, husband withdrew sponsorship for permanent residence-July 1993, applicant submitted inland application for permanent residence with husband's new undertaking to sponsor-Applicant advised by letter received "approval in principle" of application for exemption from requirement for visa before entering Canada-Husband again withdrew sponsorship in September 1993-October 1993, unsuccessful attempt to confirm status as permanent resident and have date of arrival recorded on "Record of Landing"-Began receiving social assistance November 1993 and gave birth to daughter January, 1994-In August, 1994 deportation ordered as member of class of persons unable to support themselves other than by social assistance-Application dismissed-Applicant failing for different reasons at different times to meet all requirements therefore never landed or acquired right to be granted landing-Unfortunate circumstances may warrant consideration of situation on humanitarian and compassionate grounds but no reviewable error by adjudicator.