Monday, November 19, 2012

Williams—need to assess children’s best interests, not hardship

Williams v. Canada (Citizenship and Immigration), 2012 FC 166 (CanLII)

Judge: Justice Russell; Date heard: January 10, 2012; Date decided: February 7, 2012; Counsel for Williams: Geraldine Sadoway; Counsel for Minister: Veronica Cham; Place of Hearing: Toronto, Ontario.

The Applicant was a citizen of Grenada whose son Omar was a citizen, having been born in Canada in 2002. The Applicant, Erlina Mary Williams, visited Canada in 2001 and 2002, returning to Grenada each time. In November 2004, she again came to Canada, but this time she made a refugee claim on the grounds of spousal abuse. The claim was denied in December 2005. A PRRA was denied in July 2007. She made an application on H&C grounds in March 2007.

The H&C was based on two grounds: the hardship from the spousal abuse, and the hardship to Omar including the fact that he suffered from asthma and it would be difficult to treat properly in Grenada.

The Applicant was ordered deported and left voluntarily in August 2007. In July and December 2008, she made further submissions to the H&C, detailing the problems Omar was having in Grenada, including a doctor’s letter. Final submissions along similar lines were made in April 2011. Shortly afterwards, the Officer refused the application.

Justice Russell found that the Officer also erred in assessing Omar in terms of hardship and not best interests (paras. 54-67).

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