Search - consideration

The letter of offer read, in part: Since you now meet all assessment standards established for the AU-04 positions associated with selection process 2007-6368-ONT-1213-3268, you have now been found qualified and are eligible for placement consideration.  ... However, they must, at a minimum, indicate that the decision-maker has turned his or her mind to relevant considerations.  ... Given the financial and career consequences of this, the issue of date of appointment was a highly pertinent consideration in the recourse review.    ...

This latter fact allows a decision on both Applications under consideration to be delivered in this single set of reasons. ... Pursuant to Rule 302 of the Federal Courts Rules the following orders are made: For Binder Capital Corp: The Application, as it relates to the cancellation of penalties and interest otherwise payable under the Income Tax Act for the taxation year ended September 30, 2010 is granted, on consent, and the matter is referred back to the Minister for a fresh consideration by another delegate. For Bonnybrook Park Industrial Development Co Ltd: The Application, as it relates to the cancellation of interest otherwise payable under the Income Tax Act for the taxation year ended December 31, 2005 to December 31, 2012 is granted, on consent, and the matter is referred back to the Minister for a fresh consideration by another delegate. ...

The Officer then remarked that the Applicant has demonstrated establishment and integration in the community, that he has lived in Canada for almost 15 years, that he was employed and involved in the community, and gave “some favourable consideration” to his establishment. [17]   However, the Officer stated that the Applicant did not demonstrate that his prolonged stay in Canada was motivated by circumstances outside of his control.   ... The Officer gave positive consideration to the relationships that the Applicant has formed in Canada.   ... Moreover, it was unreasonable for the Officer to draw a negative inference from his “failure to regularize his immigration status” given that the Applicant’s evidence is that he honestly believed he had applied for an H&C considerations shortly after his application to renew his work permit was refused. [27]   In the Respondent’s view, reading the decision as a whole, the Officer’s reasons are clear, transparent, and intelligible and the Officer did not misconstrue or ignore any evidence before it: the Officer gave positive consideration to some factors, it simply did not find these were sufficient to overcome the negative factor at issue (the Applicant’s overstay).   ...

Afifi contends that on January 29, 2019, her immigration representative requested humanitarian and compassionate [H&C] consideration by IRCC through written submissions.   ... Afifi’s representative requesting consideration on H&C grounds. [11]   Ms.  ... Afifi argues that two instances should have triggered consideration under subsection 25(1) of the Immigration and Refugee Protection Act, SC 2001, c 27.   ...

The Respondent’s Submissions [28]   The Respondent notes that H&C considerations are no longer assessed through the lens of underserved and disproportionate hardships. ... The weight attached to the considerations is within the Officer’s discretion and the Court’s role is not to reweigh the evidence. [32]   Section 25 of the Act, which Mr. ... Shah to establish that H&C considerations justify the exemption from the requirements of the Act. ...

Additionally, several Federal Court decisions struck down certain provisions of the DCO policy, ruling that they did not comply with the Canadian Charter of Rights and Freedoms.” [7]   As the work permit waiting period continued to affect refugee claimants from DCO countries before May 17, 2019, the public policy [Policy] that accompanied the Minister’s Announcement instructed that officers “may” grant exemptions to the work permit waiting period based on Policy considerations. ... In this second step analysis, the Court is guided by three policy rationales: (i) the presence of an adversarial context; (ii) concern for judicial economy; and (iii) consideration of whether the Court would be encroaching on the legislative sphere.   ... Here, this may be one reason that the six month work permit delay was not previously litigated before this Court. [28]   However, cases deemed “evasive of review” do not exhaust the category of cases in which considerations of judicial economy weigh in favour of hearing a moot case.   ...

Then, the determinative finding is set out: Based on the consideration that there is a mechanism in place available for the clients to regularize their status by leaving Canada, and re-entering as a temporary resident. ... It was mentioned three times in the short reasons. [34]   The Officer did acknowledge that a consideration put forward by Ms. ... She has no family in Scotland, which she left when she was age 19. [47]   The Officer’s consideration of Cameron’s best interests are limited: Representative submissions indicate that the primary reason that the client is requesting a TRP is for family reunification. ...

The exceptional relief for H&C considerations provided for in section 25 of IRPA exists to address cases such as this, and it is an error to discount establishment simply because it occurred during the time that the Applicants were out of status in Canada. ... In this case, the irreparable harm issue turns mainly on the harm to A.C. caused by separation from his family, and this in turn involves consideration of the harms to his wife and children associated with his removal from Canada. ... I would note, however, that this remains an issue of concern and it may yet tip the balance against the Applicant when the matter comes back for consideration. ...

Martel’s second review request was not sufficiently precise to justify taking the Agreement into consideration, when the Delegate had the journal notes before her that referred to the Agreement and the negotiations that preceded it, which seem to link the recovery of the Tax Debt to the outcome of the negotiations between the ARQ and the Succession and which clearly state Ms. ... Martel had the right to know why the Agreement was not taken into consideration. ... At any rate, in that case, the Federal Court of Appeal was satisfied that the letter of decision and the recommendation report that preceded it took into consideration all the relevant facts on which the request for relief was based and that, as a result, it would be difficult to argue that the Minister’s delegate did not take everything into consideration (Telfer at paras 32-33). ...

Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. ... Canada (Attorney-General), [1994] 2 F.C. 464, 113 D.L.R. (4th) 529, 166 N.R. 57 (F.C.A.) the Federal Court of Appeal has stated that, in determining whether to convert a judicial review into an action, consideration must be given to: (1) the undesirability of multiple proceedings; (2) the desirability of avoiding unnecessary costs and delays; (3) whether the particular issues involved require an assessment of demeanour and credibility of witnesses; and (4) the need for the Court to have a full grasp of all the evidence. Since the applicant has met each of these considerations to my satisfaction, I order that the judicial review be converted into an action. ...