Docket: IMM-2450-16
Citation: 2016 FC 1335
Toronto, Ontario, December 1, 2016
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
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SHAZIA MANZOOR
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Applicant
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA
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Respondent
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JUDGMENT AND REASONS
[1]
Ms. Shazia Manzoor (the “Applicant”) seeks judicial review of the decision of an Officer who refused her application for permanent residence in Canada, made on humanitarian and compassionate grounds (“H&C”) pursuant to subsection 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). The Officer refused the application on the basis that insufficient evidence 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. Her application 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. That standard requires that a decision be “justifiable, transparent and intelligible” and fall within a range of possible, acceptable outcomes; see the decision in Dunsmuir v. New Brunswick, [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 meets the 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:
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IMM-2450-16
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STYLE OF CAUSE:
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SHAZIA MANZOOR V MCI
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PLACE OF HEARING:
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TORONTO, ONTARIO
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DATE OF HEARING:
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DECEMBER 1, 2016
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JUDGMENT AND reasons:
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HENEGHAN J.
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DATED:
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december 1, 2016
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APPEARANCES:
Marshall E. Drukarsh
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For The Applicant
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Alexis Singer
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For The Respondent
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SOLICITORS OF RECORD:
Marshall E. Drukarsh
Barrister and Solicitor
Toronto, Ontario
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For The Applicant
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William F. Pentney, Q.C.
Deputy Attorney General of Canada
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For The Respondent
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