Tunisian Firas Bouzgarrou, who learned live from the airport last fall that he could finally stay temporarily in the country following the intervention of federal Immigration Minister Sean Fraser, scored another victory . Another officer will have to consider his application for permanent residence on humanitarian grounds, the Federal Court ruled in a decision sent Monday to the To have to.
“The study of the file shows […] that the officer would have overlooked, probably by mistake, convincing evidence in his analysis of the applicant’s professional integration in Canada”, ruled Judge Roger R. Lafrenière, which “constitutes an infringement of the right to a fair hearing “. Believing that the decision “does not have the attributes of a reasonable decision”, he refers the file to Immigration, Refugees and Citizenship Canada (IRCC).
The man in his forties was to be expelled from the country on October 30, because he had lost his permanent residence obtained in 2014. He had not been able to stay in the country the minimum required by law, c ie 730 days over a period of 5 years. His daughter being born with serious health problems, and his wife grieving after the death of her father, he had returned to Tunisia to support his family.
After contesting – in vain – this decision, Mr. Bouzgarrou then filed an application for permanent residence on humanitarian grounds, in order to prove his integration. But after analysis of his file by an immigration officer, he received a negative response last fall. He again challenged this decision in court, and the recent judgment in his favor is received with optimism by his lawyer.
“It’s not out of the woods yet, but let’s say it’s a lot more positive than where we were,” says Me Guillaume Cliche-Rivard.
“The new agent will have the obligation to reassess the request from A to Z. And, since then, almost a year has passed, so we can add to the file all the support from civil and political society that Firas Bouzgarrou has received, to further solidify his claim, he adds. The integration will hopefully be substantial enough to allow for a positive response. »
Administrative errors
His client has received a temporary residence permit valid until next October at the request of Minister Fraser, the time he can continue his steps to obtain his permanent residence. The father, who has lived in Quebec for almost four years, has worked for CAD Railways since 2018 and has other part-time jobs.
“The other agent hadn’t considered his other two jobs, and he didn’t have the right start date for CAD Railways,” says Ms.e Cliche-Rivard. Judges are not likely to embark on this kind of dispute, but, in this case, there was probably an injustice. »
Joined by The duty, Firas Bouzgarrou said he was “very relieved” by the decision. “I am grateful that the Court ruled in our favor. I hope the sequel will be positive, he said. It’s very stressful, it’s been a while since I’ve seen my family. The decision gives us some hope. It’s not easy, but we deal with it. »
He hopes to sponsor his wife and daughter — still in Tunisia — to bring them to Quebec once he obtains his permanent residence.
His efforts to spend some time with his family in Canada while the case is settled, however, were met with a refusal from the IRCC, the visitor visa applications having been rejected.