How have the courts treated the notes of an immigration officer who refused a humanitarian and compassionate application?
Canada (Federal), Canada
The following excerpt is from Lorenzana v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8167 (FC):
In Sandhu v. Canada (Minister of Citizenship and Immigration),3 my colleague Justice Cullen dealt with a similar situation in these terms: The same can be said about the notes of the immigration officer in this case. While her section 6 rationale focussed on the applicant"s fear of returning to Guatemala, I am satisfied that her refusal of the humanitarian and compassionate application was made with due consideration to the factors concerning his establishment in Canada, which are set out at some length in her notes. There is no statutory requirement for the immigration officer to provide reasons for her decision. In the same spirit, nor was she obliged to refer to each of her considerations in her rationale.
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