2016 FC, 2016 FC 1335
Opinion
Date: 20161201 Docket: IMM-2450-16 Citation: 2016 FC 1335 Toronto, Ontario, December 1, 2016 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:SHAZIA MANZOORApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADARespondent JUDGMENT AND REASONS [1] Ms. Shazia Manzoor (the “Applicant”) seeks judicial review of the decision of an Officer who refused her application forpermanent residence in Canada, made on humanitarian and compassionate grounds (“H&C”) pursuant to subsection 25(1) of theImmigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”).
The Officer refused the application on the basis that insufficientevidence had been submitted to merit the positive exercise of discretion. [2] The Applicant is a citizen of Pakistan. She entered Canada in March, 2013 and gave birth to a child in November, 2013. Herapplication for protection, pursuant to
section 96 and subsection 97(1) of the Act, was refused. Her H&C application was refused as well. [3] The decision of the Officer, involving the exercise of discretion, is reviewable on the standard of reasonableness. Thatstandard requires that a decision be “justifiable, transparent and intelligible” and fall within a range of possible, acceptable outcomes; seethe decision in Dunsmuir v. New Brunswick, 2008 SCC 9 , [2008] 1 S.C.R. 190 at paragraph 47. [4] In light of the reasons of the Officer and the submissions made by Counsel, I am satisfied that the decision in question meetsthe required standard.
Accordingly, the application for judicial review is dismissed, no question for certification arising. JUDGMENT THIS COURT’S JUDGMENT is that the application for judicial review is dismissed, no question for certification arising. "E. Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2450-16 STYLE OF CAUSE: SHAZIA MANZOOR V MCIPLACE OF HEARING: TORONTO, ONTARIODATE OF HEARING: DECEMBER 1, 2016JUDGMENT AND reasons: HENEGHAN J. DATED: december 1, 2016 APPEARANCES: Marshall E. Drukarsh For The Applicant
Alexis Singer For The Respondent SOLICITORS OF RECORD : Marshall E. Drukarsh Barrister and Solicitor Toronto, Ontario For The Applicant William F. Pentney, Q.C. Deputy Attorney General of Canada For The Respondent
Loading document…