Mavis Baker Case Summary

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The Baker vs Immigration Canada involved the appeal of an immigration official's decision for permanent resident status on humanitarian and compassionate grounds citing the Canadian born children of the appellant as primary concern. This is landmark case in respect to consideration of children interests and concept of procedural fairness. Mavis Baker, a Jamaican citizen was ordered to be deported in 1992 after been overstaying her visa and working illegally in Canada since 1981. During this time, she gave birth to four children in Canada. She was the sole caregiver for two of them, and the other two depended on her for emotional support which stayed with her former partner after she was diagnosed with postpartum. After been ordered for deportation, she applied for an exemption from the requirement to apply for permanent residence outside Canada, based on humanitarian and compassionate considerations under S.114(1) of Immigration Act. The immigration officer rejected her application ,the rejection letter provided no reasons for the refusal of the application. The counsel of Ms. Baker requested and was provided with notes of the immigration officer who had reviewed her file initially outlining the reasons for denial of the application. The notes from the immigration officer states that the case is catastrophe and Ms. Baker would be burden on the Canadian social welfare system. He further stated that the Ms. Baker is staying beyond the expiration of her visa illegally and still not yet deported, shows the indictment of the system, thus not enough group for H& C consideration. …show more content…

Baker's applied for judicial review to The Federal Court of Canada, Trail Division.The federal court dismissed the application for judicial review. and certified
the following question for appeal to the Federal Court of

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