![]() ![]() The provision of the Act in question states:Ģ5. ![]() He had also attempted to apply for permanent residence from inside Canada. Kanthasamy’s application for humanitarian and compassionate relief under s. However, the Canadian government and courts have previously taken a narrow approach to this issue, towing the Sri Lankan government’s official stance that the situation has improved for Tamils in that country.Īs a result, Mr. The persecution faced by Tamils in Sri Lanka by the Sinhalese majority is well documented, with reports that tension and “recriminations” continue to exist. There was evidence that he had been previously detained and subjected to state persecution in Sri Lanka. Kanthasamy was fearful that he would be arrested upon return to Sri Lanka and suspected of supporting the Liberation Tigers of Tamil Eelam. 96 and 97 the Act provisions concerning a well-founded fear of persecution in one’s home country. Kanthasamy, a Tamil from Sri Lanka, applied for refugee protection under ss. At further issue was the proper role of Ministerial Guidelines used by immigration officers in determining whether humanitarian and compassionate considerations warrant relief under the Act. Kanthasamy himself-but should also provide equitable relief.Īt issue in Kanthasamy was whether the decision to deny relief to a 17-year-old refugee applicant was a reasonable exercise of humanitarian and compassionate discretion. Not only did the Court note that humanitarian and compassionate considerations should include the best interests of a child directly affected-in this case Mr. ![]() The recent Supreme Court of Canada (“SCC”) decision in Jeyakannan Kanthasamy v Canada (Minister of Citizenship and Immigration), 2015 SCC 61 is an exciting and welcome development in immigration and refugee law as it broadens the scope and definition of humanitarian and compassionate grounds under the Immigration and Refugee Protection Act, SC 2001, c 27, s. ![]()
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