Docket: IMM-2267-15
Citation: 2015 FC 1308
[UNREVISED ENGLISH CERTIFIED TRANSLATION]
Montréal,
Quebec, November 23, 2015
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
RODRIGUEZ RAMOS, DAYAMI
Applicant
and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Respondent
ORDER
WHEREAS this is an
application for judicial review from a removal order issued by an immigration
officer on May 1, 2015, because the applicant failed to establish that she
held a visa or other document required by regulation, and because she came
directly from a designated country, the United States and is not covered by any
of the exceptions under the Agreement between the Government of Canada and
the Government of the United States of America for Cooperation in the
Examination of Refugee Status Claims from Nationals of Third Countries [the
Safe Third Country Agreement];
WHEREAS on May 1,
2015, the applicant returned to the United States after receiving the removal
order, and whereas, after consulting counsel, on May 5, 2015, she returned
to the Saint-Bernard-de-Lacolle border crossing, where Canadian authorities
allegedly allowed her to enter the country, but without the possibility of
claiming refugee status in Canada;
WHEREAS the applicant’s
submissions do not allow the Court to become acquainted with the applicant’s entire
account to allow it to determine whether one of the exceptions under the Safe
Third Country Agreement applies to her;
RECOGNIZING that,
according to the applicant’s factum, the appellant was offered the option of
applying for a PRRA and that, in her application for a PRRA, through her
counsel, she had to establish her entire account in order to allow the
decision-maker to determine whether the applicant faced a risk should she
return to Cuba;
THE COURT CONCLUDES that
the application for judicial review should be dismissed since counsel for
the appellant, through his failure to inform the Court of the applicant’s
narrative, did not give the Court an opportunity to consider why the
immigration officer’s decision was not reasonable;
THE COURT FINDS that the
immigration officer’s decision is reasonable;
THE COURT ORDERS that the application
for judicial review be dismissed; there is no question of general importance to
certify.
“Michel M.J. Shore”
Certified true translation
Johanna Kratz, Translator
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