Date: 20040525
Docket: IMM-1507-03
Citation: 2004 FC 765
Toronto, Ontario, May 25th, 2004
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
LINO CHITTERMAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the bench and subsequently written for precision and clarification)
[1] The issue in this application is the bona fides of the applicant. The immigration officer in her reasons had questions regarding the bona fides of the marriage.
[2] On the basis of the documentary evidence (marriage certificate, joint bank account, jointly signed lease, insurance agreement and cable service contract) she concedes that the applicant and her husband had some sort of relationship but she questions whether it is a genuine marriage. She also notes that the wedding pictures make the couple look sombre and finally she questions the statement of the applicant regarding the influence of her husbands's relatives.
[3] All these questions go to the credibility of the applicant.
[4] These questions are best resolved by an interview. See Aigbirior v. M.C.I., [2002] F.C.T. 854 at paragraphs 14 and 15. While an oral hearing is not a requirement for applications of this type, see Bake v. M.C.I., [1999] S.C.J. No. 39 at para 34; it strikes me that under these circumstances the only fair way to resolve the doubts of the immigration officer.
[5] Under these circumstances, the denial of a hearing amounted to a denial of procedural fairness.
[6] The decision of officer Jonas is set aside and the matter is referred back to the department for reconsideration by another officer, who shall give the applicant a hearing.
ORDER
THIS COURT ORDERS that:
1. The decision of officer Jonas is set aside.
2. The matter is referred back to the department for reconsideration by another officer, who shall give the applicant a hearing.
"K. von Finckenstein"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1507-03
STYLE OF CAUSE: LINO CHITTERMAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MAY 25, 2004
REASONS FOR ORDER
AND ORDER BY : von FINCKENSTEIN J.
DATED: MAY 25, 2004
APPEARANCES:
Mr. Max Chaudhary FOR THE APPLICANT
Mr. Tamrat Gebeyehu FOR THE RESPONDENT
SOLICITORS OF RECORD:
Chaudhary & Associates
North York, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040525
Docket: IMM-1507-03
BETWEEN:
LINO CHITTERMAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER