The rights of a de facto family member

Family reunification has long been a priority in Canada. The Canadian government recognizes the importance of families and loved ones being together, especially during tough times. There are family sponsorship programs in place to assist people in bringing their immediate family members to Canada, such as the Parents & Grandparents Program, etc. 

However, a case was recently brought before the Federal Court of Canada where an immigration officer refused to grant permanent residence to two juvenile applicants. Addae v. Canada (Citizenship and Immigration) is a case in which the applicant, Mr. Francis Addae, is a Canadian citizen who applied for his wife, Vida Ofori, a citizen of Ghana, to immigrate to Canada through a family sponsorship application. 

Ms. Ofori’s two small children were listed as non-accompanying dependents on the application. The stated reason for the non-accompaniment was that they were not Mr. Addae’s biological children and the actual father was opposed to the children moving to Canada. Unfortunately, Ms. Ofori died before the application could be processed.

Mr. Addae then requested PR clearance for the children on humanitarian and compassionate grounds, stating that the youngsters reside with their elderly grandmother in Ghana and would face harsh consequences if they remained there due to a lack of resources. Furthermore, their biological father had no objections and had agreed to the children traveling to Canada. The application was denied by the immigration officer mentioning that the children were the offspring of the deceased applicant and not Mr. Addae’s biological children and that the consent letter provided on the behalf of the biological father was not signed. In his notes, the officer also stated that in this situation, the children did not fulfill the criteria of a dependent and are not members of the family class.

Now the dilemma is, how can we determine if a person is a family member or not? It is a rule that you can only sponsor individuals related to you by blood. However, in this situation, Mr. Addae is the sole guardian of both the kids as their biological father is neither financially nor emotionally invested in the children. 

He filed an appeal with the court, alleging that the officer disregarded all evidence indicating that the children were financially and emotionally reliant on him and that he intended to adopt the children but the process was extremely difficult for single parents in Ghana. 

According to the H&C online processing standards, de facto family members can be processed under H&C, and adoption or legal guardianship is not necessary. “De facto family members are persons who do not meet the definition of a family class member. They are in a situation of dependence that makes them a de facto member of a nuclear family that is either in Canada or applying to immigrate.” There are no criteria for how much leverage may be granted in a humanitarian & compassionate scenario. It is completely up to the judge who’s hearing the appeal in the courtroom.

After hearing the applicant’s petition and realizing the challenges that he and both the children are going through, the court decided to grant the judicial review application and directed another visa officer to evaluate the case with due diligence.

Family reunification is a critical component of Canada’s immigration program. People with extraordinary circumstances are protected on humanitarian and compassionate grounds. People who find themselves in such extreme situations can always seek justice in Canada’s courts.