Canada (Minister of Citizenship and Immigration) v. Cisnado, (2015) 479 F.T.R. 37 (FC)

• Judge: Locke, J.
• Court: Federal Court (Canada)
• Case Date: February 25, 2015
• Jurisdiction: Canada (Federal)
• Citations: (2015), 479 F.T.R. 37 (FC);2015 FC 483

Can. (M.C.I.) v. Cisnado (2015), 479 F.T.R. 37 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. AP.061

The Minister of Citizenship and Immigration (applicant) v. Maria Felix Cisnado (respondent)

(IMM-6075-13; 2015 FC 483)

Indexed As: Canada (Minister of Citizenship and Immigration) v. Cisnado

Federal Court

Locke, J.

April 16, 2015.

Summary:

Cisnado's niece was a citizen of El Savador. Cisnado applied to sponsor the niece's application for landing. A visa officer refused the application. The Immigration Appeal Division allowed Cisnado's appeal. The Minister of Citizenship and Immigration applied for judicial review.

The Federal Court dismissed the application.

Aliens - Topic 1287

Admission - Immigrants - Sponsorship - Members of the family class - Cisnado was born in El Salvador in 1992 - Her mother, a prostitute, did not know who the father was - The mother died when Cisnado was six months old - Cisnado's grandmother cared for her until the grandmother's death in 2000 - She then went through a series of guardianship arrangements and orphanages - Cisnado's aunt applied to sponsor her application for landing - A visa officer refused the application - The Immigration Appeal Division (IAD) allowed the aunt's appeal - The Minister of Citizenship and Immigration applied for judicial review, arguing that the IAD erred in concluding that Cisnado was a "family class" member pursuant to s. 117(1)(f)(ii) of the Immigration and Refugee Protection Regulations, which required that the sponsored foreign national be "a person whose parents are deceased" - The Federal Court dismissed the application - Cisnado was not required to show evidence that her father was dead when no one ever knew his identity - Cisnado's birth certificate, which was a reasonable source to identify a person's parents, identified only her mother - It was reasonable to conclude that Cisnado had only one parent - This was also consistent with the objective of family reunification - It was reasonable to read s. 117(1)(f)(ii) as requiring that any identified or identifiable parent be deceased - See paragraphs 21 to 27.

Cases Noticed:

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al. (2011), 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 12].

Medzalabanleth v. Conseil des Abénakis de Wôlinak (2014), 455 F.T.R. 256; 2014 FC 508, refd to. [para. 12].

McLean v. British Columbia Securities Commission (2013), 452 N.R. 340; 347 B.C.A.C. 1; 593 W.A.C. 1; 2013 SCC 67, refd to. [para. 12].

Kandola v. Canada (Minister of Citizenship and Immigration) (2014), 456 N.R. 115; 2014 FCA 85, refd to. [para. 13].

B010 v. Canada (Minister of Citizenship and Immigration) (2013), 443 N.R. 1; 2013 FCA 87, refd to. [para. 14].

Ijaz v. Canada (Minister of Citizenship and Immigration) (2015), 474 F.T.R. 6; 2015 FC 67, refd to. [para. 15].

Fang v. Canada (Minister of Citizenship and Immigration) (2014), 460 F.T.R. 153; 2014 FC 733, refd to. [para. 16].

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 17].

Canadian National Railway Co. v. Canada (Attorney General) et al. (2014), 458 N.R. 150; 2014 SCC 40, refd to. [para. 17].

Khosa v. Canada (Minister of Citizenship and Immigration) (2009), 385 N.R. 206; 2009 SCC 12, refd to. [para. 20].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 22].

Bielecki v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 288; 2008 FC 442, refd to. [para. 28].

Statutes Noticed:

Immigration and Refugee Protection Act Regulations (Can.), Immigration and Refugee Protection Regulations, SOR/2002-227, sect. 117(1)(f)(ii) [para. 9].

Counsel:

Sharon Stewart Guthrie, for the applicant;

Marvin Moses, for the respondent.

Solicitors of Record:

William F. Pentney, Deputy Attorney General of Canada, Toronto, Ontario, for the applicant;

Marvin Moses Law Office, Toronto, Ontario, for the respondent.

This application for judicial review was heard at Toronto, Ontario, on February 25, 2015, before Locke, J., of the Federal Court, who delivered the following judgment and reasons at Montreal, Quebec, on April 16, 2015.