Lozano Orjuela v. Canada (Citizenship and Immigration)
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Lozano Orjuela v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2024-03-22 Neutral citation 2024 FC 450 File numbers IMM-2022-22 Notes A correction was made on March 26th, 2024. Decision Content Date: 20240322 Docket: IMM-2022-22 Citation: 2024 FC 450 Ottawa, Ontario, March 22, 2024 PRESENT: Mr. Justice Pentney BETWEEN: JOHAN SEBASTIAN LOZANO ORJUELA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [1] The hearing in this matter was held on March 20, 2024. The Applicant did not attend, despite efforts by the Registry to contact him both by email and telephone. The Applicant’s counsel was previously granted an Order to be removed from the file, because of his inability to communicate with his client. [2] At the hearing, the Respondent indicated their consent to judgment in the terms requested in the submissions of the Applicant’s former counsel, on the basis that the decision-maker failed to observe a principal of natural justice, procedural fairness or other procedure that it was required by law to observe. [3] I find that the decision of the Refugee Appeal Division is unreasonable because its conclusion that the Applicant had a viable Internal Flight Alternative (“IFA”) was reached based on faulty credibility findings, and apparently without consideration of the entirety of the factual record regarding the presence of the agents of persecution in the IFA location. [4] Considering the consent of t…
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Lozano Orjuela v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2024-03-22 Neutral citation 2024 FC 450 File numbers IMM-2022-22 Notes A correction was made on March 26th, 2024. Decision Content Date: 20240322 Docket: IMM-2022-22 Citation: 2024 FC 450 Ottawa, Ontario, March 22, 2024 PRESENT: Mr. Justice Pentney BETWEEN: JOHAN SEBASTIAN LOZANO ORJUELA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [1] The hearing in this matter was held on March 20, 2024. The Applicant did not attend, despite efforts by the Registry to contact him both by email and telephone. The Applicant’s counsel was previously granted an Order to be removed from the file, because of his inability to communicate with his client. [2] At the hearing, the Respondent indicated their consent to judgment in the terms requested in the submissions of the Applicant’s former counsel, on the basis that the decision-maker failed to observe a principal of natural justice, procedural fairness or other procedure that it was required by law to observe. [3] I find that the decision of the Refugee Appeal Division is unreasonable because its conclusion that the Applicant had a viable Internal Flight Alternative (“IFA”) was reached based on faulty credibility findings, and apparently without consideration of the entirety of the factual record regarding the presence of the agents of persecution in the IFA location. [4] Considering the consent of the Respondent, and the absence of any submissions by the Applicant, the Court finds that it is in the interests of justice to grant the Judgment. JUDGMENT in IMM-2022-22 THEREFORE, THIS COURT ORDERS that: The application for judicial review is granted. The decision of the Refugee Appeal Division dated February 8, 2022, is quashed and set aside. The matter is remitted back to the Refugee Appeal Division for reconsideration by a different panel. There is no question of general importance for certification. blank "William Pentney" blank Judge FEDERAL COURT SOLICITORS OF RECORD Docket: IMM-2022-22 STYLE OF CAUSE: JOHAN SEBASTIAN LOZANO ORJUELA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: March 20, 2024 JUDGMENT AND REASONS: pentney j. DATED: March 22, 2024 APPEARANCES: No one appeared FOR THE APPLICANT Simarroop Dhillon For The Respondent SOLICITORS OF RECORD: Attorney General of Canada Toronto, Ontario For The Respondent
Source: decisions.fct-cf.gc.ca