Federal Court Decisions

Date: 20100310

Docket: IMM-962-09

Citation: 2010 FC 272

Toronto, Ontario, March 10, 2010

PRESENT:     The Honourable Mr. Justice Hughes

BETWEEN:

DONAMAY S. FRANCIS

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               The Applicant seeks judicial review of a decision of a Humanitarian and Compassionate (H&C) Officer refusing her application to be allowed to apply for permanent residence within Canada.

[2]               The Applicant’s Counsel raised two grounds that were considered by the Officer and rejected, namely that she gave care and attention to an ailing grandparent and that she suffered from

a skin condition that would be induced by sand flies were she to return to her native Grenada. The latter claim was unsupported by any medical evidence. I am satisfied that the Officer gave appropriate consideration to these matters.

[3]               The Applicant’s Counsel raised a further argument that the Officer failed to give any consideration to the best interests of a child directly affected. The Applicant has no children. At best she is said to volunteer at a church sponsored youth group of which she is a deputy director. There are a few letters stating that she is good at this job. This is not the sort of situation that is contemplated when an H&C Officer is to consider the best interests of a child in the absence of much more compelling evidence than is in the record in this application. The Officer made no error in having no regard to this matter.

[4]               No party requested certification.

JUDGMENT

For the Reasons given;

THIS COURT ORDERS AND ADJUDGES that:

1.                  The application is dismissed;

2.                  There is no question for certification;

3.                  No Order as to costs.

“Roger T. Hughes”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-962-09

STYLE OF CAUSE:                          DONAMAY S. FRANCIS v. THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    TORONTO, ONTARIO

DATE OF HEARING:                      MARCH 9, 2010

REASONS FOR JUDGMENT

AND JUDGMENT:                          HUGHES J.

DATED:                                             MARCH 10, 2010

APPEARANCES:

SOLICITORS OF RECORD: