Tanaka v. Canada (Citizenship and Immigration)

Tanaka v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2023-04-05
Neutral citation
2023 FC 486
File numbers
IMM-1367-22
Decision Content
Date: 20230405
Docket: IMM-1367-22
Citation: 2023 FC 486
Toronto, Ontario, April 5, 2023
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
YUKI TANAKA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS AND JUDGMENT
[1]Ms. Yuki Tanaka (the “Applicant”) seeks judicial review of the decision of an Immigration Officer, refusing her application for a Family Violence Temporary Resident Permit as permitted by section 24 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2]The Applicant raises issues of procedural fairness, largely based upon deficiencies in the Certified Tribunal Record (the “CTR”), and the overall reasonableness of the decision.
[3]Issues of procedural fairness are reviewable upon the standard of correctness; see the decision in Canada (Minister of Citizenship and Immigration) v. Khosa, [2009] 1 S.C.R. 339 (S.C.C.). The merits of the decision are reviewable upon the standard of reasonableness; see the decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, [2019] 4 S.C.R. 653 (S.C.C.).
[4]I am satisfied that the deficiencies in the CTR amount to a breach of procedural fairness, following the decision in Parveen v. Canada (Minister of Citizenship and Immigration) (1999), 168 F.T.R. 103. This is a sufficient basis upon which to allow this application for judicial review and it is unnecessary for me to address the other arguments raised by the Applicant.
JUDGMENT in IMM-1367-22
THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision of the Immigration Officer is set aside and the matter is remitted to another Immigration Officer for redetermination. There is no question for certification.
“E. Heneghan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-1367-22
STYLE OF CAUSE:
YUKI TANAKA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
TORONTO, ONTARIO
DATE OF HEARING:
APRIL 5, 2023
REASONS AND JUDGMENT:
HENEGHAN J.
DATED:
April 5, 2023
APPEARANCES:
Mario Bellissimo
FOR THE APPLICANT
Ian Hicks
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Bellissimo Law Group PC Toronto, Ontario
FOR THE APPLICANT
Attorney General of Canada Toronto, Ontario
FOR THE RESPONDENT