JOSE FRANCISCO SALDANA FAJARDO IVAN FRANCISCO SALDANA MARTINEZ Applicants v. THE, 2012 FC 829

Date: 20120629 Docket: IMM-7048-11 Citation: 2012 FC 829 Ottawa , Ontario, June 29, 2012 PRESENT: The Honourable Mr. Justice Zinn BETWEEN: JOSE FRANCISCO SALDANA FAJARDO IVAN FRANCISCO SALDANA MARTINEZ Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGEMENT AND JUDGMENT [ 1 ] The applicants, Jose Saldana Fajardo (Jose) and his son Ivan, requested a deferral of their removal. It was denied.

This application was heard together with their application in IMM-7049-11 which deals with a negative Pre-Removal Risk Assessment (PRRA). [ 2 ] In their written memorandum, the applicants state that the issue in this application is “Whether the Inland Enforcement Officer erred by making an administrative decision not to grant a deferral of removal in a procedurally unfair manner and/or not in accordance with the principles of natural justice.” My initial assessment after reading the records filed in this application was that there was no merit to the application and that it should be dismissed.

That assessment was confirmed at the oral hearing of these related applications when counsel candidly and appropriately informed the Court that the issues he would speak to related solely to the negative PRRA decision. [ 3 ] Accordingly, this application is dismissed. Neither party proposed a question for certification.

JUDGMENT THIS COURT’S JUDGMENT is that this application for judicial review is dismissed, and no question is certified. "Russel W. Zinn" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-7048-11 STYLE OF CAUSE: JOSE FRANCISCO SALDANA FAJARDO ET AL v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 16, 2012 REASONS FOR JUDGMENT AND JUDGMENT: ZINN J. DATED: June 29, 2012 APPEARANCES : Joseph S. Farkas FOR THE APPLICANTS

Samantha Reynolds FOR THE RESPONDENT SOLICITORS OF RECORD : JOSEPH S. FARKAS Barrister & Solicitor Toronto, Ontario FOR THE APPLICANTS MYLES J. KIRVAN Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT