Canada Immigration Case-law Canada, Kandasamy, IMMIGRATION — Person in need of protection

Judgement for this Case: Click here!

IMMIGRATION — Person in need of protection — Applicant came to Canada as member of country asylum during civil war in country of origin — Civil war ended — Applicant returned to country of origin numerous times — Canada Border Services Agency officer decided to apply to Immigration and Refugee Board to cease refugee protection of applicant — Applicant asserted he was questioned upon his return to Canada without being informed that motivation for questions was investigation into cessation of protected person status — Applicant was invited to interview and/or to make submissions to officer before decision to file cessation application was made but applicant did neither — Officer concluded applicant voluntarily re-availed himself of protection of country of origin — Applicant sought judicial review — Application dismissed — Applicant’s refusal to attend interview or make submissions was fatal to judicial review — Issue of whether officer could take into account humanitarian and compassionate considerations was academic on record — Officer never did because applicant did not exercise his right to be heard by attending interview or filing submissions — There was no error or unreasonableness in officer’s decision