The respondents sought an order of mandamus to compel immigration officers to consider an application for permanent residence and an exemption from the requirement to obtain an immigrant visa outside Canada on compassionate or humanitarian grounds.
The Federal Court Trial Division granted the mandamus, which was largely affirmed by the Federal Court of Appeal.
On appeal to the Supreme Court of Canada, the appellants conceded the duty to consider the exemption application.
The Court allowed the appeal in part, substituting a declaration for the mandamus order, declaring that the officers have a duty to consider the exemption application.
The Court further held that the landing and sponsorship applications cannot be adjudicated until the exemption is granted.
