Pfupa v. Canada (Citizenship and Immigration)

Pfupa v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-05-31
Neutral citation
2010 FC 590
File numbers
IMM-5501-09
Decision Content
Federal Court
Cour fédérale
Date: 20100531
Docket: IMM-5501-09
Citation: 2010 FC 590
Montréal, Quebec, May 31, 2010
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
BERNARD PFUPA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In acknowledgement, on the one hand of the fragility of the human condition of an individual and on the other of the need to ensure that the integrity of the immigration system is respected and maintained for Canadian society which is composed of a collectivity of individuals;
[2] In recognition of the setting, the specific set of circumstances and distinct facts of this case, a case onto itself, and its unique nature in its particular context (cas d’espèce).
[3] In acknowledgement of the equally significant submissions of both parties;
[4] And, in light of the communication from the Embassy of the country in question, greater scrutiny, thus, further examination is warranted as to what constitutes an adoption, and whether a customary adoption, in fact, does constitute an adoption in the country in question; if so, does that, in and of itself, meet the requirements of adoption as interpreted in Canada, subsequent to the necessary demonstration of evidence in that regard;
[5] In recognition of the above, the Court concludes that the application for judicial review is granted, simply due to the issues not having been resolved substantially enough with an adequately motivated decision;
[6] Thereupon, the matter is returned to a different immigration officer (decision-maker). This is in order for a submission of documents to take place anew (de novo) by which the issues, if returned to this Court, will have been responded to, in a more substantial manner with a decision that will have been adequately motivated as to what does, or does not, constitute an adoption in the country in question, and why;
ORDER
THIS COURT ORDERS that the application for judicial review be granted on the basis of the reasons above, thus, to be determined anew (de novo) by a different immigration officer (decision-maker). No question of general importance is certified.
“Michel M.J. Shore”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5501-09
STYLE OF CAUSE: BERNARD PFUPA v. M.C.I.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 31, 2010
REASONS FORORDER
AND ORDER : SHORE J.
DATED: May 31, 2010
APPEARANCES:
Vonnie E. Rochester
FOR THE APPLICANT
Patricia Nobl
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Vonnie E. Rochester
Montréal, Quebec
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT