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In addition, the officer’s finding that establishment was a negative factor does not appear to genuinely take into consideration all of the challenges Ms. ...

However, our Court has repeatedly stated that a delay in claiming asylum or refugee protection is not sufficient reason to reject a claim and that all the facts and explanations provided to justify the delay must be taken into consideration. ...

He or she never provided any analysis of the relevance of CIC’s mistake to the applicant’s situation and whether this raised a deserving humanitarian and compassionate consideration. [11]   As was noted by Justice Ahmed in Salde v Canada (Minister of Citizenship and Immigration), 2019 FC 386, at para 22: When officers are entrusted with the responsibility of analysing H&C applications, they must determine if the application would “excite in a reasonable [person] in a civilized community a desire to relieve the misfortunes of another” (Kanthasamy at para 21, citing Chirwa v Canada (Minister of Manpower & Immigration) (1970), 4 IAC 338 (Imm App Bd) at 350).   ...

Following my independent analysis, taking the IFA Jurisprudential Guide into full consideration, I agree with the RPD that Port Harcourt offers the Appellant a viable IFA within Nigeria. ...

Every party deserves respect and due consideration as a full member of Canadian society. ...

The officer has an obligation to provide a thorough and fair assessment in compliance with the terms and spirit of the legislation and procedural fairness requirements. [10]   This is consistent with Yazdanian v Canada (Minister of Citizenship and Immigration), [1999] 170 FTR 129 where the Court states at paragraph 18: While I agree with the Respondent that the Applicant has the onus to provide sufficient information to the Visa Officer to support his application, when the Visa Officer has a specific concern that could impact negatively on the application, fairness requires that the Applicant be given an opportunity to respond to her concern. [11]   Courts have found that the duty of procedural fairness owed by Visa Officers is on the low end of the spectrum, and that the onus is on the Applicant to establish she meets the legislative requirements by providing sufficient evidence in support of her application (Hamza v Canada (Minister of Citizenship and Immigration) 2013 FC 264 at paras 22-23 [Hamza]). [12]   Here, the Officer, after noting the appropriate legislative provisions, makes the following finding without reference to any of the evidence: I am not satisfied that you meet the definition of a self-employed person set out in subsection 88 (1) of the regulations because based on the evidence submitted I am not satisfied that you have the ability and intent to become self-employed in Canada. [13]   Based upon this summary finding of the Officer, it is not possible, even on a generous reading of the Officer’s decision, to ascertain whether the Applicant’s evidence was given any consideration. ...

As well, he submits that the Delegate made an unreasonable demand for additional corroborating evidence, including medical records, recent lifestyle details, and communication records. [10]   The Respondent argues that the Delegate reasonably assessed the evidence submitted and reached a reasonable conclusion. [11]   The first issue for consideration is the applicable standard of review. [12]   The exercise of a discretion is usually reviewable on the standard of reasonableness; see the decision in Dunsmuir v. ...

Taking into consideration the reason for their visit, the immigration officer was not satisfied that Ms.  ...

Likewise again, it is agreed that no Notice of Objection was received before January 29, 2019. [4]   Absent any other considerations, the application would be dismissed for the following reasons. ...

The Applicant submits that the decision should be overturned, because it was based on an irrelevant consideration, namely a credibility finding on a matter that was not relevant to the Applicant’s refugee claim. ...