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| Subject: H&C Best Interest of the Child - Lip Service |
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To All
Finally a Federal Court Judge has slammed an Immigration Officer for providing only Lip Service when assessing the Best Interest of the Child.
Uprooting a kid from their school and friends sending them back after years of residence here is a traumatic course of events for any child.
Officers must be ALIVE, ALERT AND SENSITIVE to the Best Interest of the child.
Federal Court Judge wrote;
"Such lip service to a number of relevant factors in the impugned decision, coupled with a cursory analysis of the children’s best interests, is not sufficient in the opinion of the Court to satisfy the requirement that the officer consider their particular situation and that she “be alert, alive and sensitive”. Accordingly, it cannot be said that the decision to dismiss the H&C application “falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law”
Court orders CIC to have a different Officer assess H&C application and to conduct an oral hearing. WOW!!!
http://j.mp/p8dlWq
Roy
cvimmigration.com
[30-08-2011,11:12]
[**.229.23.224]
Roy |
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(in reply to: H&C Best Interest of the Child - Lip Service)
I am going to be the devils advocate - how many children of separating parents get thrown into the identical situation. How many children get pushed in an out of schools and neighbourhoods in a family´s search for work. I could go on.
And... should a parent who plays roulette with CIC not hold some responsibility for creating such a scenario for their child?
´Best interest of the child´ is a bleeding heart mine field.
[30-08-2011,12:39]
[**.180.239.117]
Sharon |
November 1, 2010 (in reply to: H&C Best Interest of the Child - Lip Service)
A Federal Court Judge slammed an Immigration Officer on November 1, 2010.
[30-08-2011,12:54]
[**.232.244.253]
Anonymous |
I wished they slammed more stupid bureaucrats (in reply to: H&C Best Interest of the Child - Lip Service)
Lots of bureaucrats in this country deserve to go to hell. They act as if their jobs are so secure that humanity does not matter. They have a bureaucrat -power trip. Good on the judge!
[30-08-2011,22:12]
[**.207.45.223]
Vitorelli |
(in reply to: H&C Best Interest of the Child - Lip Service)
What the Judge ordered was not that the family get Landed but that another officer give the H&C applicants a fair assessment.
The Officer was not following the Rules of CIC and that is why they were slammed for only providing lip service.
The Judge ordered another Officer to assess the same application because the first officers assessment was unreasonable.
Roy
cvimmigration.com
[31-08-2011,13:43]
[**.229.23.224]
Roy |
