Who are the Applicants
This case featured an application for judicial review of the refusal of Mr. Eseyas Ghebremichael Ketem’s Refusal of Humanitarian & Compassionate Permanent Residence Application. When Mr. Ketem applied, he applied as the principal applicant of his family. His spouse and their three children also were applied with his application as dependent applicants. Mr. Ketem accompanied by his spouse had decided to leave Eritrea, a country of which he was a citizen. When in 2012 he was accepted for an Eritrean passport and exit visa, his spouse had been declined.
What was their path to arriving in Canada
As a result of this they fled Eritrea on foot in December 2012. They also sought to escape the exploitation, lack of religious freedom and breached rights they previously experienced. Following their departure from Eritrea, Mr. Ketem and his spouse began living in Sudan up to August 2019. They obtained refugee status in said country as well as having two of their children. They only resided in Sudan until “escalating turmoil” caused them to flee again this time to Ethiopia. Ethiopia would also grant them refugee status and is where they would have their third child.
How was their immigration interview
Mr. Ketem and his family, through the Convention Refugees Abroad class or as members of the Humanitarian-Protected Persons Abroad class, applied for permanent residence in Canada. The family then had an interview with an immigration officer June 27, 2023. When asked by the officer in said interview, the principal applicant said no to having ever held a passport, no to having ever applied for immigration/protection to any other country and no to having ever applied for an immigration/work/study/visit to Canada or any other country? The immigration officer then noted on June 30, 2023, that the primary applicant fit the description of a Convention Refugee. Additionally on June 30, the immigration officer noted that the applicant did not disclose his previous applications for a visa. He had previously applied to the United States and for a study permit in Canada. He also possessed and Eritrean passport which he had not disclosed.
Why were they refused permanent residence
Due to his omission to disclose said facts, Mr. Ketem was sent a procedural fairness letter (PFL) on July 4, 2023, which gave him the chance to explain his answers in the interview. He filled out that form, explaining why he had said “no” to the officer’s questions. The principal applicant was then sent a refusal letter by the immigration officer on November 27, 2023, denying his permanent residence application. This letter detailed that he was denied because applicants are required to truthfully answer all questions and the officer did not view the applicant as truthful, also saying that they did not respond sufficiently to the concerns outlined in the PFL.
Why was the application reconsidered
It was then determined that Mr. Ketem’s Refusal of Humanitarian & Compassionate Permanent Residence Application on the basis that he was not truthful does not mean that the dependent applicants (his spouse and kids) should be automatically refused permanent residency. The immigration officer made no mention of them in their notes or refusal letter. Due to this silence regarding the dependent applicant’s fate along with the specific circumstances of the refusal of the principal applicant, the immigration officer’s decision was deemed unreasonable. Their application for judicial review was granted and was to be reissued to another immigration officer for reconsideration.
Don’t let your permanent residence application be overlooked, contact Chaudhary Law today for a consultation. This post was composed with the assistance of Eleni yeostros, intern.
