Canada Immigration Case law Canada, Janvier, IMMIGRATION — Judicial review — General

Judgement for this Case: Click here!
IMMIGRATION — Judicial review — General — Applicant was Haitian citizen who left for Dominican Republic in 2010 after men from Lavallas political party allegedly tried to assault her and her daughter, and after being raped in 2009 — Application for permanent residence in Convention Refugee Abroad class, sponsored by her sister, was rejected by embassy officer in Dominican Republic — Officer considered applicant suffered one-time criminal act but was not refugee within meaning of Convention — Application for judicial review dismissed — Conclusion that applicants did not belong in Convention Refugee Abroad class raised questions of mixed fact and law reviewable on reasonableness standard — Officer’s concern with fact that applicant and children had made no attempts to find work justified given requirements of s. 139(1) of Immigration and Refugee Protection Regulations (Can.) — Applicant and her children refused to answer several of officer’s questions — Applicants lived for several years in Dominican Republic without taking steps to integrate selves into country — Prospects of applicants’ potential to establish themselves in Canada very low in officer’s estimation