Date: 20010221
Docket: IMM-5185-99
Neutral Citation: 2001 FCT 103
BETWEEN:
WING YAN HO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
MACKAY J.
[1] The applicant seeks an order setting aside the decision of an immigration officer that there are insufficient humanitarian and compassionate grounds to permit the applicant to be landed from within Canada pursuant to subsection 114(2) of the Immigration Act.
[2] I accept the respondent's submission that there is not a proper affidavit, within the meaning of the Rules, in support of the application, and on that ground it should be dismissed.
[3] Even if this were not the case and the factual bases on which the argument for the applicant relies were properly set out by sworn affidavit of a person who could testify from personal knowledge, the application should be dismissed on the basis that there is no merit in the arguments raised on behalf of the applicant.
[4] My assessment of those arguments is as follows:
| 1. The decision in question was not based on any fettering of the discretion of the officer concerned. Even if she did refer in her notes to the exclusion of the applicant under the regulations for an assisted relative, as a dependant of her parents, because of her age, it is clear that the decision rests upon other grounds and that reference does no more than record her status as a result of an earlier application, just as it also refers to her subsequent status as a visitor. |
| 2. The officer did refer in her notes, here taken as her reasons, to the applicant's immediate family members in Canada and the fact that she would be the sole member of the family remaining in Hong Kong, and she also referred to the applicant's relationship with her immediate family members and family inter-dependence. These matters were not over looked and the weight assigned to them was not unreasonable. |
| 3. Reference to the underlying policy of family reunification, here said to have been ignored, is irrelevant in consideration of a humanitarian and compassionate application under section 114(2), made by one who enters Canada as a visitor, unless exceptional circumstances are established, and here none are. |
| 4. The question asked of the applicant when interviewed, concerning her mother's future intentions, was not improper, did not violate fairness owed to the applicant, and moreover it was not among factors considered by the officer, according to her notes. |
Conclusion
[5] In the circumstances, after consideration, an order goes dismissing the application. No question is certified under subsection 83(2) of the Act.
"W. Andrew MacKay"
J.F.C.C.
Toronto, Ontario
February 21, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5185-99 |
| STYLE OF CAUSE: WING YAN HO |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, AUGUST 15, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MACKAY J. |
DATED: WEDNESDAY, FEBRUARY 21, 2001
APPEARANCES BY: Mr. David A. Bruner
For the Applicant
Mr. David Tyndale
For the Respondent
| SOLICITORS OF RECORD: Hoppe, Bruner |
| Barristers & Solicitors |
25 Isabella Street
Toronto, Ontario
M4Y 1M7
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010221
Docket: IMM-5185-99
BETWEEN:
WING YAN HO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER