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Date: 20040610

Docket: IMM-1949-03

Citation: 2004 FC 844

Toronto, Ontario, June 10th, 2004

Present:           The Honourable Mr. Justice von Finckenstein

BETWEEN:

                                                            TAMARA KURYLO

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER

                                    (Delivered orally from the bench and subsequently

                                               written for precision and clarification)

[1]                This is an application for judicial review of the decision of Immigration Officer L.M. Nunez, dated March 6th, 2003, which denied the Applicant's application for permanent residence from within Canada on humanitarian and compassionate grounds.

[2]                The Applicant is a 56 year-old citizen of the Ukraine. On December 29th, 2000, she came to Canada on a visitor's visa in Order to visit her daughter's family, who are Canadian permanent residents. At this time, she began providing daytime care to her daughter's two children, aged 8 and 2, as both her daughter and son-in-law work during the day. She extended her visitor's visa once and then, in November 2002, decided to apply for landing from within Canada on H & C grounds.

[3]                The Applicant argued that the officer a) failed to take the best interest of the children into account and b) made unsupported inferences regarding the support the Applicant would have if required to return to the Ukraine and make an application from there.

[4]                On the basis of the standard of reasonableness simpliciter, which both sides agreed is applicable in this case by reason of Baker v. Canada ( M.C.I.) (1999), 174 D.L.R. (4th) 193, neither contention can be maintained.

[5]                The interest of the children was looked at by the officer. Her finding was entirely reasonable when she stated: "I can understand the worry free effect it is to leave the children with a loved and trusted person, I don't see how this circumstance is any more difficult or exceptional from all other parents out there faced with babysitting dilemmas".

[6]                As far as hardship in the Ukraine was concerned, the Applicant simply failed to make out a case. She had a job there before she came to Canada, she still has a sister there, her daughter has indicated she is willing to support her and there is no evidence of any kind of persecution she would face in the Ukraine. I fail to see how the finding by the officer on these facts of lack of undue hardship constitutes making improper inferences regarding the Applicant's ability to support herself in the Ukraine.

[7]                Accordingly this application will be dismissed.

                                                                       ORDER

THIS COURT ORDERS that this application is hereby dismissed.

                                                                                                                           "K. von Finckenstein"                 

                                                                                                                                                   J.F.C.                              


                                                             FEDERAL COURT

                                                                             

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-1949-03             

STYLE OF CAUSE:               TAMARA KURYLO

                                                                                                                                              Applicant

and

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                                                          Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       JUNE 10, 2004

REASONS FOR ORDER

AND ORDER BY:                             von FINCKENSTEIN J.

DATED:                                              JUNE 10, 2004

APPEARANCES BY:

Mr. Ricardo Aguirre

FOR THE APPLICANT

Mr. Stephen H. Gold

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Mr. Ricardo Aguirre

Barrister & Solicitor

Toronto, Ontario

FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT


                         FEDERAL COURT

                                                          Date: 20040610

                                              Docket: IMM-1949-03

BETWEEN:

TAMARA KURYLO

                                                                    Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                Respondent

REASONS FOR ORDER AND ORDER


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