YUKI TANAKA Applicant v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2023 FC 486
Opinion
Date: 20230405 Docket: IMM-1367-22 Citation: 2023 FC 486 Toronto, Ontario, April 5, 2023 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:YUKI TANAKAApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent REASONS AND JUDGMENT [1]Ms. Yuki Tanaka (the “Applicant”) seeks judicial review of the decision of an Immigration Officer, refusing her application fora Family Violence Temporary Resident Permit as permitted by
section 24 of the Immigration and Refugee Protection Act, S.C.2001, c. 27. [2]The Applicant raises issues of procedural fairness, largely based upon deficiencies in the Certified Tribunal Record (the“CTR”), and the overall reasonableness of the decision. [3]Issues of procedural fairness are reviewable upon the standard of correctness; see the decision in Canada (Minister ofCitizenship and Immigration) v. Khosa, 2009 SCC 12 , [2009] 1 S.C.R. 339 (S.C.C.). The merits of the decision arereviewable upon the standard of reasonableness; see the decision in Canada (Minister of Citizenship and Immigration) v.
Vavilov,2019 SCC 65 , [2019] 4 S.C.R. 653 (S.C.C.). [4]I am satisfied that the deficiencies in the CTR amount to a breach of procedural fairness, following the decision in Parveen v.Canada (Minister of Citizenship and Immigration) (1999), (FC), 168 F.T.R. 103. This is a sufficient basis uponwhich to allow this application for judicial review and it is unnecessary for me to address the other arguments raised by theApplicant.
JUDGMENT in IMM-1367-22 THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision of the Immigration Officer is setaside and the matter is remitted to another Immigration Officer for redetermination. There is no question for certification. “E. Heneghan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1367-22STYLE OF CAUSE: YUKI TANAKA v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATIONPLACE OF HEARING: TORONTO, ONTARIODATE OF HEARING: APRIL 5, 2023REASONS AND JUDGMENT: HENEGHAN J.DATED: April 5, 2023 APPEARANCES: Mario Bellissimo FOR THE APPLICANTIan Hicks FOR THE RESPONDENT SOLICITORS OF RECORD: Bellissimo Law Group PC Toronto, Ontario FOR THE APPLICANT
Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
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