Thiyagarajah v. Canada (Citizenship and Immigration)

Thiyagarajah v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-10-19
Neutral citation
2010 FC 1016
File numbers
IMM-4707-09
Decision Content
Federal Court
Cour fédérale
Date: 20101019
Docket: IMM-4707-09
Citation: 2010 FC 1016
Ottawa, Ontario, October 19, 2010
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN:
MUTHUKAMARA THIYAGARAJAH
Applicant
and
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is an application pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 for judicial review of the decision denying the applicant’s application for permanent resident status based on humanitarian and compassionate grounds (H&C application). This application was heard with another, Court File IMM-4705-09, in which the applicant challenged the decision made by the same officer on his Pre-Removal Risk Assessment (PRRA) application.
[2] In my reasons for Judgment issued this date in IMM-4705-09, I stated my agreement with the submission of the applicant that if IMM-4705-09 was allowed on the basis that the officer failed to address the risks alleged by him, then the application in IMM-4707-09 which raised the same risks must also be allowed.
[3] I allowed the application in IMM- 4705-09 on the basis noted and therefore this application must also be allowed for the reasons given in that file. A copy of the Reasons for Judgment and Judgment in IMM-4705-09 has been ordered to be placed in this Court File.
[4] Given the substantial changes in Sri Lanka, the applicant should be given the opportunity to submit new material in his H&C application before it is redetermined.
[5] Neither party proposed a question for certification and no question is certified.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that:
1. This application is allowed, the decision of the officer dated September 2, 2009, is set aside and the applicant’s H&C application is remitted to another officer for determination after the applicant has been given an opportunity to make new submissions; and
2. No question is certified.
“Russel W. Zinn”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4707-09
STYLE OF CAUSE: MUTHUKAMARA THIYAGARAJAH v.
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 14, 2010
REASONS FOR JUDGMENT
AND JUDGMENT BY: ZINN J.
DATED: OCTOBER 19, 2010
APPEARANCES:
Micheal Crane
FOR THE APPLICANT
Bradley Bechard
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Micheal Crane
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT