35990 Jeyakannan Kanthasamy v. Minister of Citizenship and Immigration Canada (Immigration – Permanent residents – Humanitarian and compassionate considerations)
The applicant, Mr. Kanthasamy, is a 21-year old Tamil from the northern region of Sri Lanka. He arrived in Canada in 2010, when he was 17 years old, and sought refugee protection under s. 96 and s. 97 of the IRPA. The Immigration and Refugee Board (“IRB”) refused his application. Mr. Kanthasamy then applied for a Pre-Removal Risk Assessment (“PRRA”), claiming risk based on his past experiences, his profile and worsening conditions for Tamils in Sri Lanka. That application was also refused. Mr. Kanthasamy also applied to the Minister under s. 25(1) of the IRPA to be allowed to apply for permanent resident status from within Canada. Under that provision, the Minister may grant this relief if he is of the opinion that the exemption is “justified by humanitarian and compassionate [H&C] considerations relating to the foreign national, taking into account the best interests of a child directly affected”. Subsection 25(1.3), which came into force in 2012 as a result of the Balanced Refugee Reform Act, provides that in making such a decision, the Minister may not consider the same factors that are taken into account in determining whether a foreign national is a Convention refugee (s. 96) or a person in need of protection (s. 97). Rather, he must consider “elements related to the hardships that affect the foreign national.” The Minister refused Mr. Kanthasamy’s application, the Federal Court dismissed the application for judicial review, and the Federal Court of Appeal dismissed the appeal.