OCTAVIO FUENTES BAEZA MONICA JEANETHE CANAS VILLA Applicants v. THE MINISTER OF CITIZENSHIP, 2018 FC 908

Date: 20180911 Docket: IMM-809-18 Citation: 2018 FC 908 Toronto, Ontario, September 11, 2018 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:OCTAVIO FUENTES BAEZA MONICA JEANETHE CANAS VILLAApplicantsandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent JUDGMENT AND REASONS [1] Mr. Octavio Fuentes Baeza (the "“Principal Applicant”") and his common-law spouse Ms. Monica Jeanethe Canas Villa(collectively "“the Applicants”") seek judicial review of the decision of an Officer (the "“Officer”"), refusing their application forpermanent residence in Canada on Humanitarian and Compassionate ("“H&C”") grounds, pursuant to

section 25 of the Immigration andRefugee Protection Act, S.C. 2001, c. 27 (the "“Act”"). [2] The Applicants are citizens of Mexico. The Principal Applicant entered Canada in 2006 and his common-law spouse arrived in 2012.They are the parents of two Canadian born children, aged four years old and 12 months.

The Principal Applicant is the father of twoother children who live in Mexico. [3] The Officer refused the application on the basis that the negative factors, including the failure of the Applicants to comply withCanadian immigration law, outweighed the elements in their favour, including their integration into the community and financialindependence while in Canada. [4] The Officer’s decision is reviewable on the standard of reasonableness; see the decision in Kisana v. Canada (Minister of Citizenshipand Immigration), 2009 FCA 189 , [2010] 1 F.C.R. 360 (F.C.A.). [5] According to the decision in Dunsmuir v.

New Brunswick, 2008 SCC 9 , [2008] 1 S.C.R. 190, that standard requires that adecision be transparent, justifiable and intelligible, falling within a range of possible, acceptable outcomes that is defensible on the lawand the facts. [6] In my opinion, the decision does not meet that standard. [7] The Officer unreasonably failed to consider the best interests of the Applicants’ Canadian born children in light of the evidencepresented about the prevalence of crime and child kidnappings in Mexico.

That evidence relates to the issue of hardship which is anecessary part of assessing an H&C application. [8] In consequence, the application for judicial review will be allowed, the decision is set aside and the matter remitted to anotherOfficer for redetermination. There is no question for certification arising. JUDGMENT in IMM-809-18 THIS COURT’S JUDGMENT is that the application for judicial review is allowed, the decision is set aside and the matter remitted toanother Officer for redetermination. There is no question for certification arising. “E.

Heneghan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-809-18

STYLE OF CAUSE: OCTAVIO FUENTES BAEZA, MONICA JEANETHE CANAS VILLA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, Ontario DATE OF HEARING: SEPTEMBER 10, 2018 JUDGMENT AND REASONS: HENEGHAN J. DATED: SEPTEMBER 11, 2018 APPEARANCES : Richard Wazana For The applicants Nicole Rahaman For The respondent SOLICITORS OF RECORD : Wazana Law Barrister and Solicitor Toronto, Ontario For The applicants Attorney General of Canada Toronto, Ontario For The respondent