Date: 20040708
Docket: IMM-1837-03
Citation: 2004 FC 971
Toronto, Ontario, July 8th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
OSCAR CESSA BULBARELA,
LUCILA PADILLA NARVAEZ,
OSCAR DE JESUS CESSA PADILLA
and JAQUELINE CESSA PADILLA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Pre-Removal Risk Assessment decision does not specifically disclose a finding with respect to s.97(1)(b)(i) of the Immigration Refugee Protection Act. It is agreed that this is required.
[2] Counsel for the Respondent argues that the requirement has nevertheless been met by reading the whole of the decision in context. I disagree.
ORDER
Accordingly, the decision is set aside, and the matter is referred to a different immigration officer for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-1837-03
STYLE OF CAUSE: OSCAR CESSA BULBARELA,
LUCILA PADILLA NARVAEZ,
OSCAR DE JESUS CESSA PADILLA
and JAQUELINE CESSA PADILLA
Applicants
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JULY 8, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
APPEARANCES BY:
Mr. Ronald Poulton
FOR THE APPLICANTS
Ms. Negar Hashemi
FOR THE RESPONDENT
SOLICITORS OF RECORD:
MAMANN & ASSOCIATES
Toronto, Ontario
FOR THE APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040708
Docket: IMM-1837-03
BETWEEN:
OSCAR CESSA BULBARELA,
LUCILA PADILLA NARVAEZ,
OSCAR DE JESUS CESSA PADILLA
and JAQUELINE CESSA PADILLA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER