Rodriguez v. Canada (Minister of Citizenship and Immigration), 2004 FC 973

Date: 20040708

Docket: IMM-4794-03

Citation: 2004 FC 973

Toronto, Ontario, July 8^th, 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