Date: 19980824
Docket: IMM-4977-97
B E T W E E N:
PAULO JORGE CORREIA
Applicant
-- and --
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Tuesday, August 18, 1998)
STRAYER J.A.
[1] The applicant seeks to have set aside a decision of an Immigration Officer of September 23, 1997 in which she refused to exercise a discretion in his favour on behalf of the Minister under subsection 114(2) of the Act on humanitarian and compassionate grounds.
[2] The applicant contends that he was led to believe that the Officer would make no final decision, at least one taking into account a possible conviction on his pending criminal charges, without him having a further opportunity to make representations to the effect that his humanitarian and compassionate grounds outweighed his inadmissibility to Canada flowing from his criminal convictions.
[3] It is well established that a decision taken under subsection 114(2) based on humanitarian and compassionate claims is discretionary. While fairness is required in reaching these decisions, this does not imply a necessity for a highly formalized process. In the present case the applicant knew or should have known, from the application form he had to complete for his humanitarian and compassionate claim, from the interview with the officer, and from subsequent correspondence prior to his conviction, that the fact of convictions would be a very relevant factor in the exercise of the Immigration Officer's discretion. He had ample opportunity, of which he took advantage, to convey both the elements of his humanitarian and compassionate grounds and of any extenuating circumstances related to the criminal charges. It is clear the officer had all this information before her and there is nothing to suggest she had regard to any irrelevant or extraneous information or that she acted other than in good faith.
[4] The application for judicial review must therefore be dismissed.
Judge
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