NDEY YAMA MBAYE NICOL AJI SIRA NICOL (MINOR) YUSUPHA NICOL (MINOR) Applicants v. THE MINISTER OF, 2017 FC 335

Date: 20170330 Docket: IMM-4312-16 Citation: 2017 FC 335 Montebello, Quebec, March 30, 2017 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:NDEY YAMA MBAYE NICOL AJI SIRA NICOL (MINOR) YUSUPHA NICOL (MINOR)ApplicantsandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent JUDGMENT AND REASONS [1] Mrs.

Ndey Yama Mbaye Nicol (the “Principal Applicant”) seeks judicial review of the decision of an Officer, refusing herHumanitarian and Compassionate (“H&C”) application that was made pursuant to subsection 25(1) of the Immigration and RefugeeProtection Act, S.C. 2001, c. 27 (the “Act”). [2] The Principal Applicant is a citizen of Gambia. She is the mother of Aji Sira Nicol and Yusupha Nicol, minor children. [3] The negative H&C decision is reviewable on the standard of reasonableness; see the decision in Kanthasamy v.

Canada(Minister of Citizenship and Immigration), 2015 SCC 61 , [2015] 3 S.C.R. 909. [4] According to the decision in Dunsmuir v.

New Brunswick, 2008 SCC 9 , [2008] 1 S.C.R. 190 at paragraph 47, thestandard of reasonableness requires that a decision be justifiable, transparent and intelligible, and fall within a range of acceptableoutcomes. [5] Upon reviewing the materials filed and considering the submissions on behalf of the Applicants and the Minister ofCitizenship and Immigration (the “Respondent”), and the guidance set in the decision of the Supreme Court in Kanthasamy, supra,particularly with respect to consideration by an officer of psychological reports, I am satisfied that the decision here is not reasonable. [6] It is not clear from the decision that the Officer accepted or rejected the report prepared by the psychiatrist who attendedupon the Applicant.

In my opinion, the lack of a clear finding by the Officer on this issue renders the ultimate conclusion unintelligible. [7] In the result, the application for judicial review is allowed, the decision of the Officer is set aside and the matter is remittedto another Officer for redetermination. There is no question for certification arising. JUDGMENT THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision of the Officer is set aside and thematter remitted to another Officer for redetermination. There is no question for certification arising. "E.

Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4312-16 STYLE OF CAUSE: NDEY YAMA MBAYE NICOL ET AL v MCIPLACE OF HEARING: TORONTO, ONTARIODATE OF HEARING: MARCH 29, 2017

JUDGMENT AND reasons: HENEGHAN J. DATED: MARCH 30, 2017 APPEARANCES : Keith MacMillan For The ApplicantS David Knapp For The Respondent SOLICITORS OF RECORD : Keith MacMillan Barrister and Solicitor Hamilton, Ontario For The ApplicantS William F. Pentney Deputy Attorney General of Canada For The Respondent