Manzoor v. Canada (Citizenship and Immigration)
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Manzoor v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2016-12-01 Neutral citation 2016 FC 1335 File numbers IMM-2450-16 Decision Content Date: 20161201 Docket: IMM-2450-16 Citation: 2016 FC 1335 Toronto, Ontario, December 1, 2016 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: SHAZIA MANZOOR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA Respondent JUDGMENT AND REASONS [1] Ms. Shazia Manzoor (the “Applicant”) seeks judicial review of the decision of an Officer who refused her application for permanent residence in Canada, made on humanitarian and compassionate grounds (“H&C”) pursuant to subsection 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). The Officer refused the application on the basis that insufficient evidence had been submitted to merit the positive exercise of discretion. [2] The Applicant is a citizen of Pakistan. She entered Canada in March, 2013 and gave birth to a child in November, 2013. Her application for protection, pursuant to section 96 and subsection 97(1) of the Act, was refused. Her H&C application was refused as well. [3] The decision of the Officer, involving the exercise of discretion, is reviewable on the standard of reasonableness. That standard requires that a decision be “justifiable, transparent and intelligible” and fall within a range of possible, acceptable outcomes; see the decision in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 at par…
Full judgment (source text)
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Manzoor v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2016-12-01 Neutral citation 2016 FC 1335 File numbers IMM-2450-16 Decision Content Date: 20161201 Docket: IMM-2450-16 Citation: 2016 FC 1335 Toronto, Ontario, December 1, 2016 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: SHAZIA MANZOOR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA Respondent JUDGMENT AND REASONS [1] Ms. Shazia Manzoor (the “Applicant”) seeks judicial review of the decision of an Officer who refused her application for permanent residence in Canada, made on humanitarian and compassionate grounds (“H&C”) pursuant to subsection 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). The Officer refused the application on the basis that insufficient evidence had been submitted to merit the positive exercise of discretion. [2] The Applicant is a citizen of Pakistan. She entered Canada in March, 2013 and gave birth to a child in November, 2013. Her application for protection, pursuant to section 96 and subsection 97(1) of the Act, was refused. Her H&C application was refused as well. [3] The decision of the Officer, involving the exercise of discretion, is reviewable on the standard of reasonableness. That standard requires that a decision be “justifiable, transparent and intelligible” and fall within a range of possible, acceptable outcomes; see the decision in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 at paragraph 47. [4] In light of the reasons of the Officer and the submissions made by Counsel, I am satisfied that the decision in question meets the required standard. Accordingly, the application for judicial review is dismissed, no question for certification arising. JUDGMENT THIS COURT’S JUDGMENT is that the application for judicial review is dismissed, no question for certification arising. "E. Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2450-16 STYLE OF CAUSE: SHAZIA MANZOOR V MCI PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 1, 2016 JUDGMENT AND reasons: HENEGHAN J. DATED: december 1, 2016 APPEARANCES: Marshall E. Drukarsh For The Applicant Alexis Singer For The Respondent SOLICITORS OF RECORD: Marshall E. Drukarsh Barrister and Solicitor Toronto, Ontario For The Applicant William F. Pentney, Q.C. Deputy Attorney General of Canada For The Respondent
Source: decisions.fct-cf.gc.ca
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