Notable & Reported Cases
Hart Kaminker – Application for Judicial Review for Family Coming to Canada
A wife and her two sons sought to join their husband in Canada. The husband arrived in Canada in 2005 and made his original application for permanent residence in 1999. He had failed to declare his wife and children as dependants on both occasions after being advised by an immigration consultant not to do so. The immigration officer determined that the family did not meet the requirements for permanent residence.
Hart Kaminker, representing the family, was able to show that this decision was unreasonable for two reasons. First, the officer placed too much emphasis on the fact that the husband did not declare his family upon his arrival. The officer’s focus on this should not have been the primary or only factor to consider, and was therefore unreasonable.
Second, Hart showed that the best interests of the children were not properly considered. While they did not face undue hardship in their home country, the original decision did not weigh the benefits of reuniting the family in Canada effectively, making the decision unreasonable.
The judicial review was therefore allowed, and the application was re-evaluated by another immigration officer.