WENDY RAQUEL GUZMAN DE LA CRUZ Applicant v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2019 FC 937

Date: 20190715 Docket: IMM-4162-18 IMM-4165-18 Citation: 2019 FC 937 Docket: IMM-4162-18BETWEEN:WENDY RAQUEL GUZMAN DE LA CRUZApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent Docket: IMM-4165-18AND BETWEEN:ELIZABETH DE LA CRUZ CRUZApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent REASONS FOR JUDGMENT HENEGHAN J. [1] Ms.

Wendy Raquel Guzman de la Cruz (the "“Principal Applicant”") and her mother, Elizabeth de la Cruz Cruz (collectively "“theApplicants”") seek judicial review of the decisions of a Senior Immigration Officer (the "“Officer”") dated March 12, 2018, denyingtheir applications for permanent residence in Canada on Humanitarian and Compassionate ("“H and C”") grounds, made pursuant tosubsection 25 (1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the "“Act”"). [2] The Principal Applicant is a citizen of Mexico. She entered Canada on April 6, 2007.

She gave birth to a son in Canada on December21, 2007. [3] Ms. Elizabeth de la Cruz is the mother of the Applicant. She entered Canada on July 1, 2007 and also sought permanent residence inCanada on H and C grounds, that is the best interests of her Canadian born grandchild and her establishment in Canada.

Her applicationwas also denied by the Officer in a decision dated March 14, 2018 and is the subject of an application for judicial review in causenumber IMM-4165-18. [4] The Applicants base their H and C applications upon the best interests of the Canadian born child and their establishment in Canada,as well as the risks to them if required to return to Mexico. [5] The Officer’s decision is reviewable on the standard of reasonableness; see the decision in Kanthasamy v. Canada (Citizenship andImmigration), 2015 SCC 61 , [2015] 3 S.C.R. 909. [6] According to the decision in Dunsmuir v.

New Brunswick, 2008 SCC 9 , [2008] 1 S.C.R. 190, the standard ofreasonableness requires that a decision be transparent, justifiable and intelligible, falling within a range of possible, acceptable outcomesthat are defensible on the law and the facts. [7] Upon reviewing the materials filed, including the Applicants’ H and C submissions, I am satisfied that the Officer reasonablyconsidered the best interests of the Canadian born child, including the treatment of his reading disability.

There is no basis for judicialintervention in that regard. [8] However, I am not persuaded that the Officer reasonably considered the evidence of the Applicants’ establishment in Canada over aperiod of several years. [9] The Applicants provided evidence of their community activities. Several letters of support were provided. A petition signed by morethan 100 persons was submitted in support of both Applicants. [10] The decisions under review do not show that the Officer took this evidence into account in rejecting the individual H and Capplications submitted on behalf of each Applicant.

The failure of the decision-maker to show that all relevant evidence was consideredmeans that the decisions in question lack transparency and justification. [11] Accordingly, the decision fails to meet the standard of reasonableness, as set out in Dunsmuir, supra. [12] In the result, the applications for judicial review are allowed, the decisions of the Officers are set aside and the matters remitted todifferent officers for redetermination. There is no question for certification arising. [13] These Reasons will be filed in cause number IMM-4162-18 and placed upon the file in cause number IMM-4165-18.

Separatejudgments will be issued in the two files. “E. Heneghan”

Judge St. John’s, Newfoundland and Labrador July 15, 2019 FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4162-18; IMM-1465-18 STYLE OF CAUSE: WENDY RAQUEL GUZMAN DE LA CRUZ v THE MINISTER OF CITIZENSHIP AND IMMIGRATION; ELIZABETH DE LA CRUZ CRUZ v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: FEBRUARY 14, 2019 REASONS FOR JUDGMENT: HENEGHAN J. DATED: july 15, 2019 APPEARANCES : Dov Maierovitz For The Applicant Mahan Kermati For The Respondent SOLICITORS OF RECORD : EME Professional Corp. Barrister & Solicitor North York, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent