Chen v. Canada (Public Safety and Emergency Preparedness)
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Chen v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2007-10-30 Neutral citation 2007 FC 1118 File numbers T-1853-06 Decision Content Date: 20071030 Docket: T-1853-06 Citation: 2007 FC 1118 Ottawa, Ontario, October 30, 2007 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: FEIYAN CHEN Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The facts of this judicial review are largely set out in the Reasons for Judgment in Haiyan Lyew v. The Minister of Public Safety and Emergency Preparedness (Lyew) (T-1852-06). [2] The only material distinction between Lyew’s circumstances and those of Chen are that Chen was carrying more funds, that these included three cheques payable to herself in the amount of $20,000 (U.S.) each and that these cheques, along with the amount declared upon entry into Canada, were returned to her. [3] For the Reasons given in Lyew, this judicial review will be granted and the Adjudicator’s decision is quashed. [4] The matter is remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter makes it necessary. JUDGMENT THIS COURT ORDERS AND ADJUDGES that the application for judicial review is granted and the Adjudicator’s decision is quashed. The matter is to be remitted to the Minister t…
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Chen v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2007-10-30 Neutral citation 2007 FC 1118 File numbers T-1853-06 Decision Content Date: 20071030 Docket: T-1853-06 Citation: 2007 FC 1118 Ottawa, Ontario, October 30, 2007 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: FEIYAN CHEN Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The facts of this judicial review are largely set out in the Reasons for Judgment in Haiyan Lyew v. The Minister of Public Safety and Emergency Preparedness (Lyew) (T-1852-06). [2] The only material distinction between Lyew’s circumstances and those of Chen are that Chen was carrying more funds, that these included three cheques payable to herself in the amount of $20,000 (U.S.) each and that these cheques, along with the amount declared upon entry into Canada, were returned to her. [3] For the Reasons given in Lyew, this judicial review will be granted and the Adjudicator’s decision is quashed. [4] The matter is remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter makes it necessary. JUDGMENT THIS COURT ORDERS AND ADJUDGES that the application for judicial review is granted and the Adjudicator’s decision is quashed. The matter is to be remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter so requires. “Michael L. Phelan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1853-06 STYLE OF CAUSE: FEIYAN CHEN and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 21, 2007 REASONS FOR JUDGMENT AND JUDGMENT: Phelan J. DATED: October 30, 2007 APPEARANCES: Ms. Wennie Lee FOR THE APPLICANT Mr. Michael Roach FOR THE RESPONDENT SOLICITORS OF RECORD: LEE & COMPANY Barristers & Solicitors Toronto, Ontario FOR THE APPLICANT MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca