Date: 20000717
Docket: IMM-5642-99
BETWEEN:
SUSEENTHIRAN THARMARATNAM
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] In the present case, I find the issues are the same as argued in Wilfredo Aburto Gonzalez v. The Minister of Citizenship and Immigration (IMM-2333-99, IMM-2334-99, decision rendered May 23rd, 2000) and, therefore, I hereby come to the same conclusions as reached in those cases.
ORDER
[2] Accordingly, I set aside the Minister"s opinion herein, and refer the matter back to the Minister for reconsideration.
[3] As my findings in the present case raise questions of general importance and are also determinative of the present application, I refer the following certified questions to the Appeal Division for consideration:
1. Given the Supreme Court of Canada"s decision in Baker , is the Minister required to give reasons for an opinion rendered under s.70(5) of the Act?;
2. Is a "REQUEST FOR MINISTER"S OPINION" reasons for the opinions rendered?;
3. If a "REQUEST FOR MINISTER"S OPINION" is reasons, must humanitarian and compassionate considerations be factors in the opinion rendered, including the impact of an opinion on the Applicant and his or her family?
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
July 17, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5642-99 |
STYLE OF CAUSE: SUSEENTHIRAN THARMARATNAM |
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: MONDAY, JULY 17, 2000 |
PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J. |
DATED: MONDAY, JULY 17, 2000
APPEARANCES BY: Mr. Lorne Waldman |
For the Applicant |
Mr. David Tyndale |
For the Respondent |
SOLICITORS OF RECORD: Jackman, Waldman & Associates |
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000717
Docket: IMM-5642-99
BETWEEN:
SUSEENTHIRAN THARMARATNAM |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER |
AND ORDER