Federal Court Decisions

Date: 20161201

Docket: IMM-2450-16

Citation: 2016 FC 1335

Toronto, Ontario, December 1, 2016

PRESENT:  The Honourable Madam Justice Heneghan

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"

FEDERAL COURT

SOLICITORS OF RECORD

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