Kurukkal and The Minister of Citizenship and Immigration

Immigration Officer not Functus after Initial Decision

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Applicant was denied Permanent Residence on Humanitarian and Compassionate grounds because he failed to provide a death certificate for his wife. The death certificate was provided after the initial refusal but the officer refused to consider the new evidence, citing that he was now functus officio. The Federal Court disagreed and ruled that for applications made under Humanitarian and Compassionate grounds, evidence which was not readily available at the time of the decision could be considered anew.

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Reference Info:Decision | Federal, Federal Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Frederic Sierecki | Attorney Advertising

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