Francis v. Canada (Citizenship and Immigration)

Francis v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-03-10
Neutral citation
2010 FC 272
File numbers
IMM-962-09
Decision Content
Federal Court
Cour fédérale
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”
Judge
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:
PHILIP Varickanickal
FOR THE APPLICANT
Khatidja Moloo
FOR THE RESPONDENT
SOLICITORS OF RECORD:
JOEL ETIENNE
Barrister and Solicitor
North York, Ontario
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT