Date: 20210923
Docket: IMM-3119-20
Citation: 2021 FC 983
St. John’s, Newfoundland and Labrador, September 23, 2021
PRESENT: The Honourable Madam Justice Heneghan
| BETWEEN:
|
| VANIA DEYANIRA MARTINEZ GARCIA
|
| Applicant
|
| and
|
| THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
|
| Respondent
|
JUDGMENT AND REASONS
[1]
Ms. Vania Deyanira Martinez Garcia (the “Applicant”
) seeks judicial review of the decision of an Officer (the “Officer”
) , refusing her application for permanent residence from within Canada on Humanitarian and Compassionate (“H and C”
) grounds, pursuant to section 25 of the Immigration and Refugee Protection Act, S. C. 2001, c. 27 (the “Act”
).
[2]
The Applicant is a citizen of Mexico. She is the mother of a Canadian-born child. She argues that the Officer unreasonably assessed her application and unreasonably addressed the best interests of her child.
[3]
The Minister of Citizenship and Immigration (the “Respondent”
) submits that the officer committed no reviewable error.
[4]
The decision is reviewable on the standard of reasonableness, pursuant to the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov (2019), 441 D.L.R. (4th) 1 (S.C.C).
[5]
In considering reasonableness, the Court is to ask if the decision under review “bears the hallmarks of reasonableness – justification, transparency and intelligibility – and whether it is justified in relation to the relevant factual and legal constraints that bear on that decision”
; see Vavilov, supra at paragraph 99.
[6]
Upon considering the record, and the written and oral submissions of the parties, I am not persuaded that the Officer’s decision is unreasonable. In my opinion, the assessment of the evidence meets the applicable legal standard. The best interests of the Canadian-born child were reasonably assessed, considering the evidence that was before the Officer.
[7]
I see no breach of procedural fairness resulting from the fact that the Officer did not solicit further submissions from the Applicant.
[8]
In the result, the application for judicial review is dismissed, there is no question for certification arising.
JUDGMENT in IMM-3119-20
THIS COURT’S JUDGMENT is that the application for judicial review is dismissed, there is no question for certification arising.
“E. Heneghan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
| DOCKET:
|
IMM-3119-20
|
| STYLE OF CAUSE:
|
VANIA DEYANIRA MARTINEZ GARCIA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
|
| PLACE OF HEARING:
|
HELD BY WAY OF VIDEOCONFERENCE BETWEEN TORONTO, ONTARIO AND ST. JOHN’S, NEWFOUNDLAND AND LABRADOR
|
| DATE OF HEARING:
|
SEPTEMBER 22, 2021
|
| JUDGMENT AND REASONS:
|
HENEGHAN J.
|
| DATED:
|
sEPTEMBER 23, 2021
|
APPEARANCES:
| Astrid Mrkich
|
For The applicant
|
| Madeline Macdonald
|
For The respondent
|
SOLICITORS OF RECORD:
| Mrkich Law
Toronto, Ontario
|
For The applicant
|
| Attorney General of Canada
Toronto, Ontario
|
For The respondent
|