Allen v. Canada (Citizenship and Immigration)

Allen v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2019-10-10
Neutral citation
2019 FC 1281
File numbers
IMM-718-19
Decision Content
Date: 20191010
Docket: IMM-718-19
Citation: 2019 FC 1281
Toronto, Ontario, October 10, 2019
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN:
CHRISTINE TASHEKA ALLEN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
JUDGMENT AND REASONS
[1] Ms. Allen seeks an order setting aside a December 7, 2018 decision refusing her request to make an application for permanent residence from within Canada on humanitarian and compassionate grounds [the H&C Application].
[2] At the commencement of the hearing, counsel for Ms. Allen informed the Court that he had just discovered that supplementary and updated evidence filed by Ms. Allen was not contained in the Certified Tribunal Record and no mention of it was made by the officer. Ms. Allen had filed this evidence with Immigration, Refugees and Citizenship Canada, which confirmed its receipt of the evidence in October 2018 – two months before the officer made his or her decision. This additional evidence should have been before the officer when he or she made the decision under review; it was not. That constitutes a breach of procedural fairness, and on this basis the decision must be set aside.
[3] Counsel for Ms. Allen asked that prior to another officer reconsidering the H&C Application, he be permitted to file additional information and submissions. Given the time that has passed and the fact that new counsel is involved, that is a reasonable request.
[4] No question for certification arises on these unique facts.
JUDGMENT in IMM-718-19
THIS COURT’S JUDGMENT is that this application is granted, the H&C Application is remitted to a different officer for consideration after the Applicant has had an opportunity to make further submissions and provide additional evidence in support of her application, and no question is certified.
“Russel W. Zinn”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-718-19
STYLE OF CAUSE:
CHRISTINE TASHEKA ALLEN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
October 7, 2019
JUDGMENT AND reasons:
ZINN J.
DATED:
October 10, 2019
APPEARANCES:
Roger Rowe
For The Applicant
Judy Michaely
For The Respondent
SOLICITORS OF RECORD:
The Law Offices of Roger Rowe
Barrister & Solicitor
Toronto, Ontario
For The Applicant
Attorney General of Canada
For The Respondent