Date: 20030703
Docket: IMM-4014-02
Citation: 2003 FC 822
Toronto, Ontario, Thursday, July 3, 2003
BETWEEN:
PAKEERATHAN THAMOTHARAMPILLAI
Applicant
and
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] UPON the Applicant's application for judicial review (the "Application") of a decision of a Citizenship and Immigration Officer (the "Officer") dated July 29, 2002 (the "Decision").
[2] AND UPON reviewing the file and hearing the submissions of counsel for both parties in Toronto on July 2, 2003.
[3] AND UPON concluding that the Officer erred in the following material respects:
a) She referred to a Minister's Opinion that the Applicant was a danger to the public without noting that the Opinion had been set aside.
b) She referred in her Decision to a "pattern" of criminal activity and, to the Applicant's "actions" in relation to the Criminal Law and, even though she noted that the Applicant had only one criminal conviction (albeit a serious one) and that, with regard to two other events, he had been charged and acquitted and not charged at all, the language she used in her Decision nonetheless suggests that it was based on more than one conviction.
c) She accepted the positive risk assessment but does not appear to have included it in her assessment of the factors in favour of a successful humanitarian and compassionate ruling. Rather, she mentioned only the Applicant's subjective fear and the degree of his establishment in Canada.
[4] AND UPON noting that the question posed by the Applicant for certification need not be considered given the Applicant's success on this Application.
ORDER
NOW THEREFORE THIS COURT ORDERS that, for the reasons given above, this Application is allowed. The matter is hereby referred back for a fresh determination and a fresh risk opinion.
"Sandra J. Simpson"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4014-02
STYLE OF CAUSE: PAKEERATHAN THAMOTHARAMPILLAI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: JULY 2, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: SIMPSON J.
DATED: JULY 3, 2003
APPEARANCES BY: Mr. Lorne Waldman
For the Applicant
Mr. Stephen Gold
For the Respondent
SOLICITORS OF RECORD: Lorne Waldman
Barrister & Solicitor
Toronto, Ontario
For the Applicant
Morris Rosenberg
Deputy Attorney General
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030703
Docket: IMM-4014-02
BETWEEN:
PAKEERATHAN THAMOTHARAMPILLAI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER