Rana v. Canada (Citizenship and Immigration)

Rana v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2009-09-22
Neutral citation
2009 FC 947
File numbers
IMM-5272-08, IMM-5273-08
Decision Content
Federal Court
Cour fédérale
Date: 20090922
Dockets: IMM-5272-08
IMM-5273-08
Citation: 2009 FC 947
Toronto, Ontario, September 22, 2009
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
MD IFTEKAR RANA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present Applications concern a Pre-Removal Risk Assessment (PRRA) and a Humanitarian and Compassionate Assessment (H&C) with respect to a citizen of Bangladesh. Because a risk factor exists with respect to the Applicant’s prospective return to Bangladesh, both the PRRA analysis and the H&C analysis were performed by the same decision-maker. Therefore, because both decisions cite the same risk concerns, the decisions are inextricably linked. As a result, a reviewable error in the PRRA decision also constitutes a reviewable error in the H&C decision. I find that this is the case in the present Applications.
[2] Counsel for the Applicant produced an argument to the decision-maker that, should the Applicant return to Bangladesh he would face risk of kidnapping, ransom, bribery, and extortion (Tribunal Record, p. 46). This argument was supported by detailed evidence that postdates the Refugee Protection Division decision with respect to the Applicant; the evidence was presented by the Applicant in his affidavit with appendices (Tribunal Record, p. 48). There is no question that this evidence tendered by the Applicant is “new evidence” and the argument tendered with respect to this new evidence by Counsel for the Applicant is required to be considered by the decision-maker.
[3] While the PRRA decision specifically refers to Counsel for the Applicant’s argument, it is devoid of consideration of the specifics of the argument presented. I find that this failure to consider the argument constitutes a reviewable error with respect to both the PRRA and H & C decisions.
ORDER
THIS COURT ORDERS that, with respect to both Applications for judicial review to which this order applies, I set aside the decisions under review and refer the matters back to a differently constituted panel for re-determination.
“Douglas R. Campbell”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKETS: IMM-5272-08
IMM-5273-08
STYLE OF CAUSE: MD IFTEKAR RANA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 22, 2009
REASONS FOR ORDER
AND ORDER: CAMPBELL J.
DATED: September 22, 2009
APPEARANCES:
Ms. Amina Sherazee
FOR THE APPLICANT
Ms. Suran Battacharyya
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Amina Sherazee
Barrister and Solicitor
637 College St. # 203
Toronto, ON M6G 1B5
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT