Date: 20000727
Docket: IMM-6053-99
BETWEEN:
RIMA RAHMAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] Rima Rahman applies for judicial review of a decision of the Immigration and Refugee Board (Appeal Division) made November 18, 1999 in which the Appeal Division dismissed an appeal from the decision refusing the application for permanent residence made in relation to Humayun Kabir, the husband of the Applicant. The Appeal Division dismissed Ms. Rahman"s appeal for lack of jurisdiction because it found that her husband was not a member of the family class and was excluded under subsection 4(3) of the Immigration Regulations.
[2] In this Application for Judicial Review, Ms. Rahman argues that the Appeal Division made erroneous findings of fact in a perverse and capricious manner, and points to the finding of the Appeal Division that it accepted her evidence as being credible while apparently simultaneously rejecting her evidence as to the degree of contact with her husband after her marriage, both before and after the husband"s interview with the visa officer.
[3] The Respondent argues that the Appeal Division looked at the totality of the evidence and reached a reasonable conclusion. The Respondent says the Court should not intervene in its decision.
[4] I accept the submission of the Applicant. In my opinion, it is not reasonable for an Appeal Division to unequivocally accept the evidence of Ms. Rahman, without limitation, and then proceed to effectively reject her evidence as to the degree of her contact with her husband.
[5] The Application for Judicial Review is allowed. The matter will be remitted to the Immigration and Refugee Board (Appeal Division) for reconsideration by a different Board.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
July 27, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: RIMA RAHMAN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: THURSDAY, JULY 27, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DATED: THURSDAY, JULY 27, 2000
| APPEARANCES BY: Mr. Ian R. J. Wong |
For the Respondent
| SOLICITORS OF RECORD: Ian Wong |
Barrister & Solicitor
6 Adelaide Street East
Toronto, Ontario
M5H 1H6
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000727
Docket: IMM-6053-99
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
AND ORDER
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