Date: 20030228
Docket: IMM-3148-02
Neutral Citation: 2003 FCT 256
BETWEEN:
ANDREW MARK MARSHALL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] Given the findings of law made in Tam Than Tran v. (Minister of Citizenship and Immigration) (IMM-2332-02, Decision February 21, 2003, F.C.T.D.), and given that, in my opinion, there is no distinction in the form and substance of the decision-making in the present case and that found in Tran, I find that the Minister's decision in the present case is devoid of reasons.
[2] As a result, I find that the Minister's decision was reached in error of law.
O R D E R
Accordingly, the Minister's decision is set aside.
"Douglas R. Campbell"
JUDGE
CALGARY, Alberta
February 28, 2003
FEDERAL COURT OF CANADA
Date: 20030228
Docket: IMM-3148-02
BETWEEN:
ANDREW MARK MARSHALL
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3148-02
STYLE OF CAUSE: ANDREW MARK MARSHALL v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: Friday, February 28, 2003
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: February 28, 2003
APPEARANCES:
Ms. Roxanne Haniff-Darwent FOR APPLICANT
Mr. Rick Garvin FOR RESPONDENT
SOLICITORS OF RECORD:
Darwent Law Office
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT