IMMIGRANTS - Application for immigrant visa - Duties and powers of officer

Law360 Canada (December 4, 2023, 7:05 AM EST) -- Application by Applicant and her daughter for judicial review of a decision rejecting the Applicants’ application for an exemption to apply for permanent residence status in Canada. The Applicant and her 13-year-old daughter were citizens of Ethiopia. Before moving to Canada, the Applicant owned and operated a small business in Ethiopia and she was detained for participating in a strike against an un-proportional tax imposed on small business owners. Violating the condition of her release, the Applicant and her daughter left Ethiopia and travelled to Sudan with the assistance of human smugglers. From Sudan, the Applicant and her daughter arrived in Canada. The Applicant and her daughter submitted a refugee claim which was denied by the Refugee Protection Division (RPD). The Applicant’s appeal of the decision was denied by the Refugee Appeal Division (RAD). Immigration, Refugees and Citizenship Canada (IRCC) received the Applicant’s request for a Temporary Resident Permit (TRP) and the humanitarian and compassionate (H&C) application. Both requests were refused. Counsel for the Applicant argued that removal of the Applicant’s daughter would expose the child to violation of her basic human rights. The Officer noted that there was insufficient evidence to establish that the wellbeing or development of the Applicant’s daughter would be significantly impacted for the negative....
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