Aria v. Canada (Public Safety and Emergency Preparedness)

Aria v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database
Federal Court Decisions
Date
2024-11-13
Neutral citation
2024 FC 1800
File numbers
IMM-1968-24
Decision Content
Date: 20241113
Docket: IMM-1968-24
Citation: 2024 FC 1800
Toronto, Ontario, November 13, 2024
PRESENT: The Honourable Justice Battista
BETWEEN:
REHAAN ARIA SULTAN ARIA (by their litigation guardian ARMAAN ARIA)
Applicants
and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Respondent
JUDGMENT AND REASONS
(Delivered orally from the bench on November 13, 2024.
Edited for grammar and syntax.)
[1] The Applicants are minors who were determined to be Convention refugees in Canada. However, their parents withheld the Applicants’ true identities and the fact that they have Dutch citizenship.
[2] The Refugee Protection Division (RPD) vacated the Applicants’ refugee claims based on this misrepresentation. The Applicants challenge that decision as being unresponsive to their arguments to the RPD regarding why the innocent mistake exception under section 40 of the Immigration and Refugee Protection Act, SC 2001, c 27 applied to their case.
[3] The RPD cited the Applicants’ arguments but did not respond to them. However, the reasons for a decision must “meaningfully account for the central issues and concerns raised by the parties” (Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 at para 127). The RPD’s failure to agree or disagree with the Applicants’ arguments renders the decision unreasonable and the application for judicial review will be granted.
[4] Finally, upon joint submission by the Applicants and the Respondent, the style of cause will be amended to remove the Minister of Citizenship and Immigration and to add the Minister of Public Safety and Emergency Preparedness as Respondent.
JUDGMENT in IMM-1968-24
THIS COURT’S JUDGMENT is that:
The application for judicial review is granted, and the decision of the Refugee Protection Division is quashed.
The matter will be re-determined by a differently-constituted panel of the Refugee Protection Division.
The style of cause is amended to replace the Minister of Citizenship and Immigration with the Minister of Public Safety and Emergency Preparedness with immediate effect.
There is no question for certification.
“Michael Battista”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-1968-24
STYLE OF CAUSE:
ARIA ET AL. v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING:
HEARD BY VIDEOCONFERENCE
DATE OF HEARING:
NOVEMBER 13, 2024
JUDGMENT AND REASONS:
BATTISTA J.
DATED:
NOVEMBER 13, 2024
APPEARANCES:
Teklemichael Ab Sahlemariam
For The ApplicantS
Hillary Adams
For The Respondent
SOLICITORS OF RECORD:
Law Office of Teklemichael Ab Sahlemariam Barristers and Solicitors Toronto, Ontario
For The ApplicantS
Attorney General of Canada Toronto, Ontario
For The Respondent