Docket: IMM-1968-24
Citation: 2024 FC 1800
Toronto, Ontario, November 13, 2024
PRESENT: The Honourable Justice Battista
BETWEEN: |
REHAAN ARIA SULTAN ARIA (by their litigation guardian ARMAAN ARIA) |
Applicants |
and |
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS |
Respondent |
JUDGMENT AND REASONS
(Delivered orally from the bench on November 13, 2024.
Edited for grammar and syntax.)
[1] The Applicants are minors who were determined to be Convention refugees in Canada. However, their parents withheld the Applicants’ true identities and the fact that they have Dutch citizenship.
[2] The Refugee Protection Division (RPD) vacated the Applicants’ refugee claims based on this misrepresentation. The Applicants challenge that decision as being unresponsive to their arguments to the RPD regarding why the innocent mistake exception under section 40 of the Immigration and Refugee Protection Act, SC 2001, c 27 applied to their case.
[3] The RPD cited the Applicants’ arguments but did not respond to them. However, the reasons for a decision must “meaningfully account for the central issues and concerns raised by the parties”
(Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 at para 127). The RPD’s failure to agree or disagree with the Applicants’ arguments renders the decision unreasonable and the application for judicial review will be granted.
[4] Finally, upon joint submission by the Applicants and the Respondent, the style of cause will be amended to remove the Minister of Citizenship and Immigration and to add the Minister of Public Safety and Emergency Preparedness as Respondent.
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