Thiyagarajah v. Canada (Citizenship and Immigration), 2010 FC 1016

Date: 20101019

Docket: IMM-4707-09

Citation: 2010 FC 1016

Ottawa, Ontario, October 19, 2010

PRESENT:     The Honourable Mr. Justice Zinn

BETWEEN:

MUTHUKAMARA THIYAGARAJAH

Applicant

and

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               This is an application pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 for judicial review of the decision denying the applicant’s application for permanent resident status based on humanitarian and compassionate grounds (H&C application).  This application was heard with another, Court File IMM-4705-09, in which the applicant challenged the decision made by the same officer on his Pre-Removal Risk Assessment (PRRA) application.

[2]               In my reasons for Judgment issued this date in IMM-4705-09, I stated my agreement with the submission of the applicant that if IMM-4705-09 was allowed on the basis that the officer failed to address the risks alleged by him, then the application in IMM-4707-09 which raised the same risks must also be allowed. 

[3]               I allowed the application in IMM- 4705-09 on the basis noted and therefore this application must also be allowed for the reasons given in that file.  A copy of the Reasons for Judgment and Judgment in IMM-4705-09 has been ordered to be placed in this Court File. 

[4]               Given the substantial changes in Sri Lanka, the applicant should be given the opportunity to submit new material in his H&C application before it is redetermined.

[5]               Neither party proposed a question for certification and no question is certified.

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that:

1.         This application is allowed, the decision of the officer dated September 2, 2009, is set aside and the applicant’s H&C application is remitted to another officer for determination after the applicant has been given an opportunity to make new submissions; and

2.         No question is certified.

“Russel W. Zinn”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-4707-09

STYLE OF CAUSE:                          MUTHUKAMARA THIYAGARAJAH v.

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

PLACE OF HEARING:                    TORONTO, ONTARIO

DATE OF HEARING:                      SEPTEMBER 14, 2010

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    ZINN J.

DATED:                                             OCTOBER 19, 2010

APPEARANCES:

SOLICITORS OF RECORD: