Rodriguez v. Canada (Citizenship and Immigration)
Court headnote
Rodriguez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-07-08 Neutral citation 2004 FC 973 File numbers IMM-4794-03 Decision Content Date: 20040708 Docket: IMM-4794-03 Citation: 2004 FC 973 Toronto, Ontario, July 8th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: ALEJANDRO SANIN RODRIGUEZ and MARGARITA JARAMILLO VELASQUEZ Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Humanitarian & Compassionate Decision under review concerns the risk of a child returning to Columbia. It is agreed that risk to the child must be assessed in the decision made. It is agreed that evidence of risk exist in the record before the Immigration Officer who made the decision. [2] The issue is whether, on the face of the decision, the evidence was considered. [3] There is no substantive indication that the details of the evidence of risk were considered. The only evidence that can possibly point to the required assessment of risk to the child is contained within the following sentence: I have looked at the subjects' stated fear of returning to Columbia. [4] In my opinion, this statement is so ambiguous as to allow me to reach the conclusion that the risk to the child was not considered. As a result, I find the decision under consideration is unreasonable, and therefore, was made in reviewable error. ORDER Accordingly, I set the decision aside and refer the matter to a different …
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Rodriguez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-07-08 Neutral citation 2004 FC 973 File numbers IMM-4794-03 Decision Content Date: 20040708 Docket: IMM-4794-03 Citation: 2004 FC 973 Toronto, Ontario, July 8th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: ALEJANDRO SANIN RODRIGUEZ and MARGARITA JARAMILLO VELASQUEZ Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Humanitarian & Compassionate Decision under review concerns the risk of a child returning to Columbia. It is agreed that risk to the child must be assessed in the decision made. It is agreed that evidence of risk exist in the record before the Immigration Officer who made the decision. [2] The issue is whether, on the face of the decision, the evidence was considered. [3] There is no substantive indication that the details of the evidence of risk were considered. The only evidence that can possibly point to the required assessment of risk to the child is contained within the following sentence: I have looked at the subjects' stated fear of returning to Columbia. [4] In my opinion, this statement is so ambiguous as to allow me to reach the conclusion that the risk to the child was not considered. As a result, I find the decision under consideration is unreasonable, and therefore, was made in reviewable error. ORDER Accordingly, I set the decision aside and refer the matter to a different immigration officer for reconsideration. "Douglas R. Campbell" J.F.C. FEDERAL COURT Names of Counsel and Solicitors of Record DOCKET: IMM-4794-03 STYLE OF CAUSE: ALEJANDRO SANIN RODRIGUEZ and MARGARITA JARAMILLO VELASQUEZ Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JULY 8, 2004 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: JULY 8, 2004 APPEARANCES BY: Mr. Joel Etienne FOR THE APPLICANTS Ms. Pamela Larmondin FOR THE RESPONDENT SOLICITORS OF RECORD: Etienne Law Office Toronto, Ontario FOR THE APPLICANTS Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040708 Docket: IMM-4794-03 BETWEEN: ALEJANDRO SANIN RODRIGUEZ and MARGARITA JARAMILLO ELASQUEZ Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca