Chen v. Canada (Public Safety and Emergency Preparedness), 2007 FC 1118

Date: 20071030

Docket: T-1853-06

Citation: 2007 FC 1118

Ottawa, Ontario, October 30, 2007

PRESENT:     The Honourable Mr. Justice Phelan

BETWEEN:

FEIYAN CHEN

Applicant

and

THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               The facts of this judicial review are largely set out in the Reasons for Judgment in Haiyan Lyew v. The Minister of Public Safety and Emergency Preparedness (Lyew) (T-1852-06).

[2]               The only material distinction between Lyew’s circumstances and those of Chen are that Chen was carrying more funds, that these included three cheques payable to herself in the amount of $20,000 (U.S.) each and that these cheques, along with the amount declared upon entry into Canada, were returned to her.

[3]               For the Reasons given in Lyew, this judicial review will be granted and the Adjudicator’s decision is quashed.

[4]               The matter is remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter makes it necessary.

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that the application for judicial review is granted and the Adjudicator’s decision is quashed. The matter is to be remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter so requires.

“Michael L. Phelan”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1853-06

STYLE OF CAUSE:                          FEIYAN CHEN

                                                            and

                                                            THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      September 21, 2007

REASONS FOR JUDGMENT

AND JUDGMENT:                          Phelan J.

DATED:                                             October 30, 2007

APPEARANCES:

SOLICITORS OF RECORD: