Chhina v. Canada (Citizenship and Immigration), 2016 FC 1185

Date: 20161021

Docket: IMM-1735-16

Citation: 2016 FC 1185

Vancouver, British Columbia, October 21, 2016

PRESENT:    The Honourable Madam Justice Mactavish

JUDGMENT AND REASONS

UPON MOTION for judgment dated October 5, 2016, brought by the respondent in writing pursuant to the provisions of Rule 369(1) of the Federal Courts Rules;

AND UPON THE PARTIES AGREEING that the visa officer’s decision in this case was based upon findings that were made without regard to the evidence before her, with the result that the applicants’ application for judicial review should be granted, and their visa applications should be remitted to a different visa officer for redetermination;

AND UPON NOTING that the respondent acknowledges that as the applicants’ original visa applications are being sent back for redetermination, there should be no new fees associated with their visa applications;

AND UPON NOTING that costs are only awarded in immigration matters where the Court is satisfied that there are “special reasons” for such an order, and that the threshold for establishing the existence of “special reasons” is high: Ibrahim v. Canada (Citizenship and Immigration), 2007 FC 1342, at para. 8, 68 Imm. L.R. (3d) 43;

AND UPON CONCLUDING that the applicants have not established the existence of special reasons that would justify an award of costs in their favour in relation to this proceeding;

AND UPON THIS COURT CONCLUDING that the proper time in which to seek an award of costs in relation to a possible future proceeding would be in the context of that proceeding;

AND UPON THE PARTIES agreeing that the proper respondent in this case is the Minister of Citizenship and Immigration;

JUDGMENT

THIS COURT’S JUDGMENT is that:

1.                  The application for judicial review is granted, without costs;

2.                  The visa officer’s decision dated March 3, 2016, refusing the applicants’ applications for temporary resident visas is set aside;

3.                  The applicants’ applications for temporary resident visas are referred back to a different visa officer for redetermination, with such redetermination to commence within 30 days of the date of this Order;

4.                  The style of cause is amended to substitute the Minister of Citizenship and Immigration for the Minister of Immigration, Refugees and Citizenship as the respondent in this matter.

"Anne L. Mactavish"

FEDERAL COURT

SOLICITORS OF RECORD

MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: