What is the effect of an officer’s decision to allow an applicant to stay in a shelter in Mexico?
Canada (Federal), Canada
The following excerpt is from Herrera Rivera v. Canada (Citizenship and Immigration), 2010 FC 570 (CanLII):
The officer simply concluded that the measures taken by Mexico would help ensure that the problems he had acknowledged would not cause the applicants to face unusual and undeserved or disproportionate hardship. In other words, if the applicants were to have problems with the applicants former spouse, they could probably rely on the help of the authorities or non-governmental organizations. (It is from this perspective that the officers references to the possibility of the applicants seeking refuge in a shelter should be understood. He certainly did not expect the applicants to remain in such a shelter permanently.) The officers reasoning is transparent, intelligible and justified, and the Courts intervention would not be warranted (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at paragraph 47).
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