Date: 20040708
Docket: IMM-4794-03
Citation: 2004 FC 973
Toronto, Ontario, July 8th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
ALEJANDRO SANIN RODRIGUEZ
and MARGARITA JARAMILLO VELASQUEZ
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present Humanitarian & Compassionate Decision under review concerns the risk of a child returning to Columbia. It is agreed that risk to the child must be assessed in the decision made. It is agreed that evidence of risk exist in the record before the Immigration Officer who made the decision.
[2] The issue is whether, on the face of the decision, the evidence was considered.
[3] There is no substantive indication that the details of the evidence of risk were considered. The only evidence that can possibly point to the required assessment of risk to the child is contained within the following sentence:
I have looked at the subjects' stated fear of returning to Columbia.
[4] In my opinion, this statement is so ambiguous as to allow me to reach the conclusion that the risk to the child was not considered. As a result, I find the decision under consideration is unreasonable, and therefore, was made in reviewable error.
ORDER
Accordingly, I set the decision aside and refer the matter to a different immigration officer for reconsideration.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-4794-03
STYLE OF CAUSE: ALEJANDRO SANIN RODRIGUEZ
and MARGARITA JARAMILLO VELASQUEZ
Applicants
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JULY 8, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
APPEARANCES BY:
Mr. Joel Etienne
FOR THE APPLICANTS
Ms. Pamela Larmondin
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Etienne Law Office
Toronto, Ontario
FOR THE APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040708
Docket: IMM-4794-03
BETWEEN:
ALEJANDRO SANIN RODRIGUEZ
and MARGARITA JARAMILLO ELASQUEZ
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER