VANIA DEYANIRA MARTINEZ GARCIA Applicant v. THE MINISTER OF CITIZENSHIP, 2021 FC 983

Date: 20210923 Docket: IMM-3119-20 Citation: 2021 FC 983 St. John’s, Newfoundland and Labrador, September 23, 2021 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:VANIA DEYANIRA MARTINEZ GARCIAApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent JUDGMENT AND REASONS [1] Ms. Vania Deyanira Martinez Garcia (the "“Applicant”") seeks judicial review of the decision of an Officer (the "“Officer”") ,refusing her application for permanent residence from within Canada on Humanitarian and Compassionate ("“H and C”") grounds,pursuant to

section 25 of the Immigration and Refugee Protection Act, S. C. 2001, c. 27 (the "“Act”"). [2] The Applicant is a citizen of Mexico. She is the mother of a Canadian-born child. She argues that the Officer unreasonably assessedher application and unreasonably addressed the best interests of her child. [3] The Minister of Citizenship and Immigration (the "“Respondent”") submits that the officer committed no reviewable error. [4] The decision is reviewable on the standard of reasonableness, pursuant to the decision of the Supreme Court of Canada in Canada(Minister of Citizenship and Immigration) v.

Vavilov (2019), 2019 SCC 65 , 441 D.L.R. (4th) 1 (S.C.C). [5] In considering reasonableness, the Court is to ask if the decision under review "“bears the hallmarks of reasonableness – justification,transparency and intelligibility – and whether it is justified in relation to the relevant factual and legal constraints that bear on thatdecision”"; see Vavilov, supra at paragraph 99. [6] Upon considering the record, and the written and oral submissions of the parties, I am not persuaded that the Officer’s decision isunreasonable. In my opinion, the assessment of the evidence meets the applicable legal standard.

The best interests of the Canadian-bornchild were reasonably assessed, considering the evidence that was before the Officer. [7] I see no breach of procedural fairness resulting from the fact that the Officer did not solicit further submissions from the Applicant. [8] In the result, the application for judicial review is dismissed, there is no question for certification arising. JUDGMENT in IMM-3119-20 THIS COURT’S JUDGMENT is that the application for judicial review is dismissed, there is no question for certification arising. “E.

Heneghan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3119-20 STYLE OF CAUSE: VANIA DEYANIRA MARTINEZ GARCIA v THE MINISTER OF CITIZENSHIPAND IMMIGRATION PLACE OF HEARING: HELD BY WAY OF VIDEOCONFERENCE BETWEEN TORONTO, ONTARIOAND ST. JOHN’S, NEWFOUNDLAND AND LABRADOR

DATE OF HEARING: SEPTEMBER 22, 2021 JUDGMENT AND REASONS: HENEGHAN J. DATED: sEPTEMBER 23, 2021 APPEARANCES : Astrid Mrkich For The applicant Madeline Macdonald For The respondent SOLICITORS OF RECORD : Mrkich Law Toronto, Ontario For The applicant Attorney General of Canada Toronto, Ontario For The respondent