Federal Court Decisions

Decision Information

Decision Content

Date: 20230531


Docket: IMM-6848-22

Citation: 2023 FC 762

Toronto, Ontario, May 31, 2023

PRESENT: The Honourable Madam Justice Heneghan

BETWEEN:

TAIWO OMOLARA PETERS

ADEOLA OLUWANIFEMI PETERS

AUGUSTUS OLUWADARASIMI PETERS

AYODEJI OLUWASHANUMI PETERS

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS AND JUDGMENT

  • [1]Ms. Taiwo Omolara Peters (the “Principal Applicant”) and her three minor children, Adeola Oluwanifemi Peters, Augustus Oluwadarasimi Peters, and Ayodeji Oluwashanumi Peters (collectively “the Applicants”) seek judicial review of the decision of an officer (the “Officer”), refusing their application for permanent residence in Canada, on Humanitarian and Compassionate (“H and C”) grounds, pursuant to subsection 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

  • [2]The Applicants are citizens of Nigeria. Their claims for protection in Canada were rejected on credibility grounds and an application for leave and judicial review was dismissed.

  • [3]In the present proceeding, the Applicants argue that the Officer unreasonably ignored the Principal Applicant’s contribution to Canadian society during the Covid-19 pandemic when she worked as a personal support worker.

  • [4]The Applicants further submit that the Officer unreasonably assessed the best interests of the children, specifically their access to adequate education in Nigeria, when evidence was provided about shortcomings in public education in Nigeria.

  • [5]The Minister of Citizenship and Immigration (the “Respondent”) argues that the decision is reasonable and that there is no basis for judicial intervention.

  • [6]Following the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, [2019] 4 S.C.R. 653, the decision is reviewable on the standard of reasonableness.

  • [7]In considering reasonableness, the Court is to ask if the decision under review "bears the hallmarks of reasonableness — justification, transparency and intelligibility — and whether it is justified in relation to the relevant factual and legal constraints that bear on the decision"; see Vavilov, supra at paragraph 99.

  • [8]I agree largely with the submissions of the Respondent.

  • [9]The Officer made reasonable findings about the establishment of the Principal Applicant in Canada. The fact that the Principal Applicant worked as a personal support worker during the Covid-19 pandemic is not relevant to the issue of establishment since the Principal Applicant did not qualify for the “Pathway Program” in any event.

  • [10]Likewise, the Officer reached a reasonable conclusion about the education available to the minor Applicants in Nigeria. The fact that the public education system may be inferior to the public education system available to these Applicants in Canada does not make the Officer’s conclusion unreasonable. The Officer, not the Court, is mandated to weigh the evidence submitted.

  • [11]In the result, the application for judicial review will be dismissed. There is no question for certification.

 


JUDGMENT in IMM-6848-22

THIS COURT’S JUDGMENT is that the application for judicial review is dismissed. There is no question for certification.

“E. Heneghan”

Judge


FEDERAL COURT

SOLICITORS OF RECORD


DOCKET:

IMM-6848-22

 

STYLE OF CAUSE:

TAIWO OMOLARA PETERS ET AL. v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

PLACE OF HEARING:

Toronto, Ontario

 

DATE OF HEARING:

MAY 17, 2023

REASONS AND JUDGMENT:

HENEGHAN J.

DATED:

MAY 31, 2023

APPEARANCES:

Daisy Sun

FOR THE APPLICANTS

Pavel Filatov

FOR THE RESPONDENT

SOLICITORS OF RECORD:

AKM Law

Toronto, Ontario

 

FOR THE APPLICANTS

Attorney General of Canada

Toronto, Ontario

 

FOR THE RESPONDENT

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.