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Perinpanathan v. Canada

Perinpanathan v. Canada (Minister of Citizenship and
Immigration)

Saroja Perinpanathan, appellant, and
Minister of Citizenship and Immigration, respondent

[1998] I.A.D.D. No. 567
No. T96-02658

Immigration and Refugee Board of Canada
Immigration Appeal Division
Toronto, Ontario
Panel: B. Kalvin

Heard: March 19, 1998
Decision: March 19, 1998

Appearances:

M. Berger, for the appellant.
R. Bridgewater, for the respondent.

DECISION FROM THE BENCH
  1. Saroja Perinpanathan, the appellant, has appealed the refusal of her sponsored application for landing of her mother, the principle applicant, who lives in Sri Lanka. The reason that the appellant’s mother’s application for landing was refused is because a visa officer determined that the principle applicant has a dependent daughter who is inadmissible to Canada pursuant to subparagraph 19(1)(a)(ii) of the Immigration Act.
  2. The appellant has now withdrawn her challenge to the legality of that refusal but she still maintains that pursuant to paragraph 77(3)(b) of the Immigration Act there are compassionate and humanitarian grounds in this case that warrant the granting of special relief. Having reviewed all of the evidence which was presented at this appeal, the Minister now joins the appellant’s submissions with respect to the existence of humanitarian and compassionate grounds. Having had an opportunity to assess all of the evidence which has been presented, and in light of the joint submission of both parties, I agree that humanitarian and compassionate considerations in this case are such that special relief should be granted. Therefore the appeal pursuant to paragraph 77(3)(b) of the Immigration Act is allowed.

(Edited for grammar and syntax)

“Bernard Kalvin”

Dated at Toronto this 3rd day of April, 1998.


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