如何善用保護兒童最佳權益之人道立場解決因家人健康問題導致永居申請被拒的相關問題。

Temporary Residence

申請人在加拿大擔任住家看護人,在申請永久居留權期間,其丈夫被診斷出患有慢性腎病,加拿大移民局以對加拿大的醫療保健系統造成過度負擔爲由,拒絕其永久居留申請。 他們向加拿大聯邦法院申請對拒絕決定進行司法覆核,並提供書面證據證明申請人將在其本國面臨系統性年齡歧視。她將無法找到有報酬的工作來支持其子女的教育。法官基於保護兒童最佳權益之人道立場允許其司法覆核申請。 The husband of a permanent residency applicant who was a live-in caretaker in Canada was diagnosed with a chronic kidney disease determined by a medical officer of IRCC to cause excessive burden to the healthcare system in Canada. Her application was refused based on her husband’s medical condition. They applied to the Federal Court of Canada for a judiciary review of the refusal decision providing documented evidence that the applicant would face systematic age discrimination in her home country. As a result, she would not be able to find gainful employment to support her children’s education. The judge allowed the judiciary review application based on the Best Interest of the Child approach on Humanitarian and Compassionate Grounds.