Date: 20240822
Docket: IMM-2227-23
Citation: 2024 FC 1304
Ottawa, Ontario, August 22, 2024
PRESENT: The Honourable Madam Justice Aylen
BETWEEN: |
MONICA HERRERA SOTO |
MATIAS REYES HERRERA |
PAULA REYES HERRERA |
Applicants |
and |
THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent |
JUDGMENT AND REASONS
[1] The Principal Applicant and her two children seek judicial review of a decision of a visa officer dated February 9, 2023, refusing their application for electronic travel authorizations [ETA]. The ETAs were refused on the basis that the Principal Applicant’s husband (and the father of the two children) [Spouse] was found inadmissible under subsection 37(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. As a result, by operation of subsection 42(2) of the IRPA, the Applicants were found to be inadmissible as well.
[2] This application was heard together with Court file no. IMM-2212-23, in which the Spouse sought judicial review of, among other things, the visa officer’s determination that he was inadmissible to Canada pursuant to subsection 37(1) of the IRPA.
[3] In the lead up to the hearing of IMM-2212-23, the Respondent conceded that the visa officer’s subsection 37(1) determination was unreasonable and should be set aside. As such, the parties agreed at the hearing of this matter that the visa officer’s determination regarding the Applicants was no longer sustainable and should also be set aside. Accordingly, on consent of the parties, the application for judicial review shall be granted, the decision of the visa officer set aside and the matter remitted for redetermination by a different visa officer.
[4] Neither party proposed a question for certification and I agree that none arises.
JUDGMENT in IMM-2227-23
THIS COURT’S JUDGMENT is that:
The application for judicial review is granted.
The February 9, 2023 decision of the visa officer is set aside and the Applicants’ ETA application is remitted to a different visa officer for redetermination.
The parties proposed no question for certification and none arises.
“Mandy Aylen”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
|
IMM-2227-23 |
STYLE OF CAUSE:
|
MONICA HERRERA SOTO, MATIAS REYES HERRERA, PAULA REYES HERRERA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
PLACE OF HEARING:
|
HELD BY VIDEOCONFERENCE
|
DATE OF HEARING:
|
August 13, 2024
|
JUDGMENT AND REASONS: |
AYLEN J.
|
DATED:
|
August 22, 2024
|
APPEARANCES:
Lorne Waldman |
For The Applicants |
Christopher Ezrin |
For The Respondent |
SOLICITORS OF RECORD:
Waldman & Associates Barristers and Solicitors Toronto, Ontario |
For The Applicants |
Attorney General of Canada Toronto, Ontario |
For The Respondent |