Date: 20030422
Docket: IMM-2389-02
Neutral citation: 2003 FCT 469
Toronto, Ontario, Tuesday, the 22nd day of April, 2003
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
VAN CHINH AN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Given the findings of law made in Tam Than Tran v. (Minister of Citizenship and Immigration) (IMM-2332-02, Decision February 21, 2003, F.C.T.D.), and given that, in my opinion, there is no distinction in the form and substance of the decision-making in the present case and that found in Tran, I find that the Minister's decision in the present case is devoid of reasons.
[2] As a result, I find that the Minister's decision was reached in error of law.
ORDER
Accordingly, the Minister's decision is set aside. Having considered argument presented on the issue, I find there is no serious question of general importance to certify.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-2389-02
STYLE OF CAUSE: VAN CHINH AN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: EDMONTON, ALBERTA
DATE OF HEARING: MONDAY, MARCH 10, 2003
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: TUESDAY, APRIL 22, 2003
APPEARANCES BY: Mr. Simon K. Yu
For the Applicant
Mr. W. Brad Hardstaff
For the Respondent
SOLICITORS OF RECORD: Simon K. Yu
Barrister Solicitor Notary Public
906 Empire Building, 10080 Jasper Avenue
Edmonton, Alberta
T5J 1V9
For the Applicant
Department of Justice Canada
Edmonton Regional Office
211 Bank of Montreal Bldg.
10199-101 Street
Edmonton, Alberta
T5J 3Y4
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030422
Docket: IMM-2389-02
BETWEEN:
VAN CHINH AN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER