Summary

39974

Ekens Azubuike v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Keywords

Constitutional law — Charter of Rights — Fundamental justice —Immigration — Convention refugees— Refusal of application for permanent resident status on humanitarian and compassionate grounds — Application for judicial review and for leave to appeal denied — Judge of Federal Court of Appeal directed Registrar to refuse to accept notice of appeal for filing — Whether applicant should have been granted permanent resident status under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25(1) — Whether deporting applicant would contravene Canada’s international law obligations under Universal Declaration of Human Rights — Whether s. 25(1) infringes Charter, s. 7.

Summary

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An Immigration Officer denied Mr. Azubuike’s request for an exemption from the requirements for a permanent visa based on humanitarian and compassionate grounds because he had not shown that, in all of the circumstances, decent, fair minded Canadians who were aware of the exceptional nature of humanitarian and compassionate relief would find it unacceptable to deny the relief sought.

Mr. Azubuike’s application for leave to commence judicial review of the decision of the Immigration Officer was dismissed. Leave to appeal the Federal Court’s decision was denied. As leave had not been granted, and as Mr. Azubuike had not shown that his case presented the exceptional circumstances required for hearing an appeal absent leave to appeal, Rennie J.A. directed the Registrar not to accept filing of Mr. Azubuike’s proposed notice of appeal submitted for filing.

Lower Court Rulings

January 22, 2021
Federal Court

IMM-3347-20
Request for exemption from permanent visa requirement based on humanitarian and compassionate grounds denied Application for leave to commence judicial review of decision of Immigration, Refugees and Citizenship Canada dismissed
May 3, 2021
Federal Court of Appeal

Registrar of Federal Court of Appeal directed not to accept filing of proposed notice of appeal