Judicial Review Cases - Permanent Residence on Humanitarian and Compassionate (H&C) Grounds
Oladele v. Canada (Citizenship and Immigration), 2022 FC 1161
Overview:
The Applicant, Demilade Kayode Oladele, seeks judicial review of the delay by Immigration, Refugees and Citizenship Canada (IRCC) in processing his application for permanent residence on humanitarian and compassionate (H&C) grounds. He requests an order of mandamus to compel the Minister of Citizenship and Immigration to make a final decision.
Facts:
Demilade Kayode Oladele is a 45-year-old Nigerian citizen married to Canadian citizen Jennifer Oladele. They have four children who are Canadian citizens.
Oladele entered Canada in 2005 and made a refugee claim but faced exclusion due to his alleged involvement with the Neo Black Movement of Africa.
He was deported in 2011, but his family, including his wife and children, faced significant hardships due to separation and difficult living conditions in Nigeria and Uganda.
Oladele applied for permanent residence on H&C grounds in January 2011, and despite multiple submissions and judicial reviews, IRCC has not made a final decision.
Issue:
The key issue is whether a writ of mandamus should be issued to compel the Minister to render a final decision on Oladele's H&C application.
Standard of Review:
The Federal Court's jurisdiction to issue a writ of mandamus is based on whether there is a public legal duty to act, which must be performed without unreasonable delay.
The test from Apotex Inc v. Canada (Attorney General) outlines eight preconditions for mandamus, including a public legal duty, the duty owed to the applicant, no other adequate remedy, and that the balance of convenience favors issuing the order.
Analysis:
The Court finds that IRCC has a public duty to process Oladele's application promptly, as outlined in the Immigration and Refugee Protection Act (IRPA) which emphasizes family reunification and prompt processing.
Oladele's application has been pending for over 11 years, which is unreasonably long despite IRCC’s explanations about the complexity of the case and impacts of the COVID-19 pandemic.
The Court determines that Oladele has met all procedural requirements and is not responsible for the delay.
The Respondent’s justification for the delay is unsatisfactory, as the duty to make a final decision on the H&C application remains unmet despite the extensive time provided.
Conclusion:
The Court grants the application for judicial review and issues a writ of mandamus compelling the Minister to make a final decision on Oladele's H&C application. The Court finds that the extensive delay has caused significant hardship to Oladele and his family, warranting judicial intervention. Costs will be awarded to the Applicant due to the special circumstances of the case.
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Regards,
Rema and Rebecca
