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In it he set out the facts and matters that he considered in assessing the applicants' request. ... Beaulac's unchallenged testimony was that he carefully considered the request for waiver and the allegation of representations made by an employee of the Department with respect to the waiver of interest and penalty. [11]      Implicit in the statement that the applicants had not substantiated that the Department had erred is the conclusion that Mr. ...

Golbeck (September 20, 1990), A-613-90 and A-614-90, [1990] 2 C.T.C. 438, the Federal Court of Appeal set out the test for obtaining authorization to proceed forthwith as follows: That question was not whether such an application by the Minister should only be considered after having been served on the taxpayer so as to give the taxpayer an opportunity to make representations. ... I should say that the additional facts put forward in the reply record filed by counsel for the Department of Justice Canada were only considered, as they should be, as they relate to the assessment of specific allegations made by the only deponent for the respondent, Fabrication GMCA Inc. [5]                 After hearing counsel for the parties, considering the record and reviewing the evidence, including a careful reading of the transcripts of the cross-examinations of Ms. ...

We are not sure that Teitelbaum J. was correct when he opined that that declaration by the Commissioner “creates a strong presumption that he only considered material which can be found in the public record.”   Nevertheless, regardless of the level of presumption, I am convinced that Prothonotary Morneau did not err in deciding that the Minister did not have other documents in his possession that he would have considered in arriving at his decision ...

Given that an assessment officer is not considered a member of the Court and that the Court, in its decision, makes no mention of travel expenses, the units claimed will not be awarded ...   [8] The outlays claimed in the Defendant’s bill of costs are uncontested and considered expenses needed for conducting this case. ...

  [8]                The Delegate also considered that the Applicant had allowed a tax liability to exist upon which interest accrued and for which regular payments began only in 2013. The Delegate also considered the failure to accurately report income for 9 of the 13 years between 1991 and 2004 ...

" He was employed by a security company, while those considered to be important are usually members of the political elite, the business sector, the university community or the professional class. Moreover, Gordillo’s role was not "of great strategic importance" because he was asked only to transport boxes. [6]   We must also note that the applicants did not present the Board with any evidence showing that security organizations are considered to be FARC "targets. ...

Canada (Citizenship and Immigration), 2013 FC 311 at paragraph 20. [13]   The RPD considered the letters from the applicant’s Congolese lawyer, but does not seem to have considered the other evidence referred to in the paragraph   REF_Ref520282525 \r \h   \* MERGEFORMAT [8] 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500320030003200380032003500320035000000 above. ...

This policy provides that a delegate must take into account any representations made by an individual or counsel. [9]   I see no merit in the Applicant’s arguments on this issue. [10]   A decision maker is presumed to have considered all the evidence and the submissions before making a decision. Silence by the Delegate about the Applicant’s arguments does not mean that those arguments were not considered. [11]   As for the Applicant’s challenge to the merits of the Delegate’s decision, I refer to the recent decision of Justice Barnes in Lin, supra, where the Court described the purpose of a section 44 report as a “screening” function; see paragraph 16. [12]   The Delegate here did not make a finding about the alleged misrepresentation. ...

The Applicants maintain that the documentation clearly establishes that they had an aunt, an anchor relative, living in Canada. [9]   In my view, the application for judicial review should be dismissed as the Applicants have failed to establish that a positive decision by this Court would have any practical effect on their rights or any collateral consequences for them. [10]   As conceded by Applicants’ counsel at the hearing of the application, what the Applicants are ultimately seeking is the right to have their refugee claims considered by the RPD. ... I agree with the Respondent that if the Applicants wanted to have their refugee claims referred to and considered by the RPD, they should not have approached Canada until the existing ineligibility determination had first been set aside by some proper process. ...

Furthermore, the failure to mention the moratorium with respect to Mali is not a reviewable error because a PRRA decision and the eventual enforcement of a removal order are two different things (Lalane v Canada (Citizenship and Immigration), 2009 FC 5 at para 32). [6]   In this case, the officer considered the evidence on the record. ... The applicant also filed several articles about the precarious situation in Mali, which were also considered by the officer. [7]   Nor was there any violation of procedural fairness. ...