Date: 20100531
Docket: IMM-5501-09
Citation: 2010
FC 590
Montréal, Quebec, May 31,
2010
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
BERNARD
PFUPA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1]
In
acknowledgement, on the one hand of the fragility of the human condition of an
individual and on the other of the need to ensure that the integrity of the
immigration system is respected and maintained for Canadian society which is
composed of a collectivity of individuals;
[2]
In
recognition of the setting, the specific set of circumstances and distinct
facts of this case, a case onto itself, and its unique nature in its particular
context (cas d’espèce).
[3]
In
acknowledgement of the equally significant submissions of both parties;
[4]
And, in
light of the communication from the Embassy of the country in question, greater
scrutiny, thus, further examination is warranted as to what constitutes an
adoption, and whether a customary adoption, in fact, does constitute an
adoption in the country in question; if so, does that, in and of itself, meet
the requirements of adoption as interpreted in Canada, subsequent to the
necessary demonstration of evidence in that regard;
[5]
In
recognition of the above, the Court concludes that the application for judicial
review is granted, simply due to the issues not having been resolved
substantially enough with an adequately motivated decision;
[6]
Thereupon,
the matter is returned to a different immigration officer (decision-maker).
This is in order for a submission of documents to take place anew (de
novo) by which the issues, if returned to this Court, will have been
responded to, in a more substantial manner with a decision that will have been
adequately motivated as to what does, or does not, constitute an adoption in
the country in question, and why;
ORDER
THIS COURT ORDERS that the application for judicial
review be granted on the basis of the reasons above, thus, to be determined
anew (de novo) by a different immigration officer (decision-maker). No
question of general importance is certified.
“Michel M.J. Shore”
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