Date: 20020513
Docket: IMM-859-01
Neutral citation: 2002 FCT 549
CALGARY, Alberta, Monday, the 13th day of May, 2002.
Present: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
AHMED BEN MOHAMED LANDOLSI
Applicant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] In the present case, the Applicant applied on humanitarian and compassionate grounds to be landed from within Canada as the spouse of a Canadian citizen. In fact, his humanitarian and compassionate application cited this as the only ground advanced for positive determination.
[2] The Applicant and his sponsoring wife were extensively interviewed by the Immigration Officer with the result that, because of "discrepancies" between their accounts of the circumstances of the marriage, the Immigration Officer concluded that the marriage was not bona fide. Obviously, the Applicant's credibility was seriously in issue in reaching this decision.
[3] Effectively, the Applicant's response to the identified discrepancies was that he has memory problems. To legitimize this claim he attempted to provide a doctor's letter which was not accepted by the Immigration Officer. This non-acceptance was based on a finding that the IRB in the Applicant's previously decided unsuccessful refugee claim had "dealt with" the letter (Applicant's Application Record, P. 39). That is, the Immigration Officer did not consider the letter because the IRB had already given it no weight with respect to the Applicant's argued memory problems. In fact, this is not correct. It is not contested that the IRB made no such determination.
[4] I find that the Immigration Officer's misunderstanding of the IRB's decision significantly, and unfairly, affected his reasoning in rejecting the Applicant's humanitarian and compassionate application. As a result, I am satisfied the decision was made in reviewable error.
ORDER
[5] Accordingly I set aside the immigration officer's decision and refer this matter to a different immigration officer for redetermination.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
May 13, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020513
Docket: IMM-859-01
BETWEEN:
AHMED BEN MOHAMED LANDOLSI
Applicant
- and -
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-859-01
STYLE OF CAUSE: AHMED BEN MOHAMED LANDOLSI
v. THE MINISTER OF CITIZENSHIP
& IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: May 13, 2002
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: May 13, 2002
APPEARANCES:
Mr. Michael Sherritt FOR APPLICANT
Mr. Brad Hardstaff FOR RESPONDENT
SOLICITORS OF RECORD:
Sherritt Greene
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT
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