Guzman v. Canada (Minister of Citizenship and Immigration)
Court headnote
Guzman v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-06-09 Neutral citation 2004 FC 838 File numbers IMM-2514-03 Decision Content Date: 20040609 Docket: IMM 2514-03 Citation: 2004 FC 838 Toronto, Ontario, June 9th, 2004 Present: The Honourable Mr. Justice von Finckenstein BETWEEN: ANIBAL HUMBERTO GUZMAN ELSA BEATRIZ ROMERO FLAVIA ALEJANDRA GUZMAN (By her litigation guardian) ANDREA MANUELA GUZMAN (By her litigation guardian) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered orally from the bench and subsequently written for precision and clarification) [1] This is an application for judicial review of the pre-removal risk assessment dated January 30, 2003, in which it was determined that the applicants and his family would not be subject to a risk of persecution, torture, risk to life or risk of cruel and unusual treatment or punishment if returned to Argentina. [2] The Applicant made basically one submission, namely that the PRRA officer violated the rules of procedural fairness by consulting 'extrinsic evidence', namely IRB research papers on Argentina and the Country Report on Human Rights Conditions for Argentina issued by the U.S. State Department. [3] No evidence was presented that these documents are not publicly available. In fact these documents can be obtained in the IRB documentation centres. [4] The country reports on human rights conditions issued…
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Guzman v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-06-09 Neutral citation 2004 FC 838 File numbers IMM-2514-03 Decision Content Date: 20040609 Docket: IMM 2514-03 Citation: 2004 FC 838 Toronto, Ontario, June 9th, 2004 Present: The Honourable Mr. Justice von Finckenstein BETWEEN: ANIBAL HUMBERTO GUZMAN ELSA BEATRIZ ROMERO FLAVIA ALEJANDRA GUZMAN (By her litigation guardian) ANDREA MANUELA GUZMAN (By her litigation guardian) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered orally from the bench and subsequently written for precision and clarification) [1] This is an application for judicial review of the pre-removal risk assessment dated January 30, 2003, in which it was determined that the applicants and his family would not be subject to a risk of persecution, torture, risk to life or risk of cruel and unusual treatment or punishment if returned to Argentina. [2] The Applicant made basically one submission, namely that the PRRA officer violated the rules of procedural fairness by consulting 'extrinsic evidence', namely IRB research papers on Argentina and the Country Report on Human Rights Conditions for Argentina issued by the U.S. State Department. [3] No evidence was presented that these documents are not publicly available. In fact these documents can be obtained in the IRB documentation centres. [4] The country reports on human rights conditions issued by the State department are available on line. [5] It has been well established: a. that the research documents prepared by the IRB which available at IRB documentation centres are not extrinsic materials. b. and that procedural fairness does not require disclosure by the PRRA officer (or the predecessor PDRCC officer) of such documents to the Applicant prior to a determination being reached. See Mancia v. Canada (M.C.I.) [1998] 3 F.C. 461, Chowdhury v. Canada (M.C.I.) 2002 FCT 389 and Khaman v. Canada (M.C.I.) [2001]FCT 1090 . [6] Given that country reports on human rights conditions issued by the State Department are available on line, i.e. are publically available, they must be considered in the same vein as IRB research papers. [7] Consequently there has been no breach of procedural fairness in this case. Accordingly this applications will be dismissed. ORDER THIS COURT ORDERS that this application is hereby dismissed. "K. von Finckenstein" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2514-03 STYLE OF CAUSE: ANIBAL HUMBERTO GUZMAN ELSA BEATRIZ ROMERO FLAVIA ALEJANDRA GUZMAN (By her litigation guardian) ANDREA MANUELA GUZMAN (By her litigation guardian) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JUNE 9, 2004 REASONS FOR ORDER AND ORDER : VON FINCKENSTEIN J. DATED: JUNE 9, 2004 APPEARANCES: Jegan Mohan For the Applicants Neeta Logsetty For the Respondent SOLICITORS OF RECORD: Mohan & Mohan Barristers & Solicitors Toronto, ON For the Applicants Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT TRIAL DIVISION Date: 20040609 Docket: IMM-2514-03 BETWEEN: ANIBAL HUMBERTO GUZMAN ELSA BEATRIZ ROMERO FLAVIA ALEJANDRA GUZMAN (By her litigation guardian) ANDREA MANUELA GUZMAN (By her litigation guardian) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca