CARMELITA BALANCE Applicant v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2023 FC 694

Date: 20230517 Docket: IMM-3543-22 Citation: 2023 FC 694 Toronto, Ontario, May 17, 2023 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:CARMELITA BALANCEApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent REASONS AND JUDGMENT [1]Ms.

Carmelita Balance (the “Applicant”) seeks judicial review of the decision of a Case Processing Officer (the “Officer”),refusing her application for permanent residence in Canada on Humanitarian and Compassionate (“H and C”) grounds, pursuant tosection 25 of the Immigration and Refugee Protection Act, S.C. 2001 , c. 27 (the “Act”). [2]The Applicant is a citizen of the Philippines. She has resided in Canada, as a visitor, since 2015. She has lived with her daughterand son-in-law, and their three children since 2015.

She made her H and C application on the basis of her establishment in Canadaand the best interests of her grandchildren, for whom she has provided care. [3]The Applicant now argues, among other things, that the Officer ignored evidence and made an unreasonable decision. [4]The Minister of Citizenship and Immigration (the “Respondent”) submits that the decision is reasonable and that there is nobasis for judicial intervention. [5]Following the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v.

Vavilov, 2019SCC 65 , [2019] 4 S.C.R. 653, the decision is reviewable on the standard of reasonableness. [6]In considering reasonableness, the Court is to ask if the decision under review "“bears the hallmarks of reasonableness —justification, transparency and intelligibility — and whether it is justified in relation to the relevant factual and legal constraintsthat bear on the decision”"; see Vavilov, supra at paragraph 99. [7]In my opinion, considering the contents of the Certified Tribunal Record, and the written and oral submissions of the parties, Iam satisfied that the decision fails to meet the applicable standard of review. [8]The reasons of the Officer are not intelligible.

Without addressing every flaw, I note that the treatment of the issue of theApplicant’s establishment seems to include consideration of the possibility of sponsorship by her daughter. [9]It is impossible to discern the reasoning of the Officer in refusing the Applicant’s H and C application. Accordingly, theapplication for judicial review will be allowed, the decision will be set aside and the matter remitted to a different officer forredetermination. There is no question for certification.

JUDGMENT in IMM-3543-22 THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision of the Officer is set aside and thematter remitted to a different officer for redetermination. There is no question for certification. “E. Heneghan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3543-22

STYLE OF CAUSE: CARMELITA BALANCE v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 16, 2023 REASONS AND JUDGMENT: HENEGHAN J. DATED: May 17, 2023 APPEARANCES : Kelicia Letlow-Peroune FOR THE APPLICANT Stephen Jarvis FOR THE RESPONDENT SOLICITORS OF RECORD : KYL Law Firm Toronto, Ontario FOR THE APPLICANT Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT