Kurylo v. Canada (Minister of Citizenship and Immigration)

Kurylo v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2004-06-10
Neutral citation
2004 FC 844
File numbers
IMM-1949-03
Decision Content
Date: 20040610
Docket: IMM-1949-03
Citation: 2004 FC 844
Toronto, Ontario, June 10th, 2004
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
TAMARA KURYLO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered orally from the bench and subsequently
written for precision and clarification)
[1] This is an application for judicial review of the decision of Immigration Officer L.M. Nunez, dated March 6th, 2003, which denied the Applicant's application for permanent residence from within Canada on humanitarian and compassionate grounds.
[2] The Applicant is a 56 year-old citizen of the Ukraine. On December 29th, 2000, she came to Canada on a visitor's visa in Order to visit her daughter's family, who are Canadian permanent residents. At this time, she began providing daytime care to her daughter's two children, aged 8 and 2, as both her daughter and son-in-law work during the day. She extended her visitor's visa once and then, in November 2002, decided to apply for landing from within Canada on H & C grounds.
[3] The Applicant argued that the officer a) failed to take the best interest of the children into account and b) made unsupported inferences regarding the support the Applicant would have if required to return to the Ukraine and make an application from there.
[4] On the basis of the standard of reasonableness simpliciter, which both sides agreed is applicable in this case by reason of Baker v. Canada ( M.C.I.) (1999), 174 D.L.R. (4th) 193, neither contention can be maintained.
[5] The interest of the children was looked at by the officer. Her finding was entirely reasonable when she stated: "I can understand the worry free effect it is to leave the children with a loved and trusted person, I don't see how this circumstance is any more difficult or exceptional from all other parents out there faced with babysitting dilemmas".
[6] As far as hardship in the Ukraine was concerned, the Applicant simply failed to make out a case. She had a job there before she came to Canada, she still has a sister there, her daughter has indicated she is willing to support her and there is no evidence of any kind of persecution she would face in the Ukraine. I fail to see how the finding by the officer on these facts of lack of undue hardship constitutes making improper inferences regarding the Applicant's ability to support herself in the Ukraine.
[7] Accordingly this application will be dismissed.
ORDER
THIS COURT ORDERS that this application is hereby dismissed.
"K. von Finckenstein"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1949-03
STYLE OF CAUSE: TAMARA KURYLO
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 10, 2004
REASONS FOR ORDER
AND ORDER BY: von FINCKENSTEIN J.
DATED: JUNE 10, 2004
APPEARANCES BY:
Mr. Ricardo Aguirre
FOR THE APPLICANT
Mr. Stephen H. Gold
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Ricardo Aguirre
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040610
Docket: IMM-1949-03
BETWEEN:
TAMARA KURYLO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER