Federal Court Decisions

Decision Information

Chen v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court Decisions
Date 2007-10-30
Neutral citation 2007 FC 1118
File numbers T-1853-06

Decision Content

 

 

 

Date: 20071030

Docket: T-1853-06

Citation: 2007 FC 1118

Ottawa, Ontario, October 30, 2007

PRESENT:     The Honourable Mr. Justice Phelan

 

 

BETWEEN:

FEIYAN CHEN

Applicant

and

 

THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

Respondent

 

REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               The facts of this judicial review are largely set out in the Reasons for Judgment in Haiyan Lyew v. The Minister of Public Safety and Emergency Preparedness (Lyew) (T-1852-06).

 

[2]               The only material distinction between Lyew’s circumstances and those of Chen are that Chen was carrying more funds, that these included three cheques payable to herself in the amount of $20,000 (U.S.) each and that these cheques, along with the amount declared upon entry into Canada, were returned to her.

 

[3]               For the Reasons given in Lyew, this judicial review will be granted and the Adjudicator’s decision is quashed.

 

[4]               The matter is remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter makes it necessary.

 

 

 

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that the application for judicial review is granted and the Adjudicator’s decision is quashed. The matter is to be remitted to the Minister to be reviewed de novo by a different official. The Minister is not required to remit the balance of the seized funds until and unless the final determination of the new review of this matter so requires.

 

 

 

“Michael L. Phelan”

Judge

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          T-1853-06

 

STYLE OF CAUSE:                          FEIYAN CHEN

 

                                                            and

 

                                                            THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      September 21, 2007

 

REASONS FOR JUDGMENT

AND JUDGMENT:                          Phelan J.

 

DATED:                                             October 30, 2007

 

 

 

APPEARANCES:

 

Ms. Wennie Lee

 

FOR THE APPLICANT

Mr. Michael Roach

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

LEE & COMPANY

Barristers & Solicitors

Toronto, Ontario

 

FOR THE APPLICANT

MR. JOHN H. SIMS, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT

 

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