Canada Immigration Case-law Canada, Hammoudeh, IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds by Joy Stephen, Polinsys

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Judgement for this Case: Click here!

IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds — Respondent was 52 years old and citizen of Jordan — He became a permanent resident of Canada on November 4, 2005 — Respondent was pharmacist, and he immigrated to Canada as skilled worker with his wife and three children — Respondent was unable to find work in Canada as pharmacist, and three months after his entry he returned to Jordan to work — His wife and children remained in Canada and became Canadian citizens — Over next several years, respondent visited Canada from time to time — His fourth child was born in Canada in October 2006 — He was most recently in Canada in October 2010 — Respondent’s permanent resident card expired on November 22, 2010 — On January 2, 2012, he applied for travel document to return to Canada — Visa officer denied application on basis that respondent had not complied with residency obligation under s. 28 of Immigration and Refugee Protection Act (Can.) — Immigration Appeal Division (“IAD”) allowed respondent’s appeal on basis that humanitarian and compassionate grounds outweighed statutory obligation that persons granted permanent residence in Canada must live in this country for certain minimum periods of time or must otherwise fulfill their residency obligations — Minister applied for judicial review of IAD decision — Application dismissed — IAD’s finding that it was reasonably foreseeable that family might not be able to manage in future, in which case children’s best interests were to have their father in their lives as active parent, was not unreasonable — It was open to IAD to reach conclusion that circumstances of case warranted special relief

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