Farenas v. Canada (Minister of Citizenship and Immigration), 2011 FC 660
Judge | Near, J. |
Court | Federal Court (Canada) |
Case Date | February 02, 2011 |
Jurisdiction | Canada (Federal) |
Citations | 2011 FC 660;(2011), 391 F.T.R. 60 (FC) |
Farenas v. Can. (M.C.I.) (2011), 391 F.T.R. 60 (FC)
MLB headnote and full text
Temp. Cite: [2011] F.T.R. TBEd. JN.036
Linda Escanilla Farenas (applicant) v. The Minister of Citizenship and Immigration (respondent)
(IMM-2490-10; 2011 FC 660)
Indexed As: Farenas v. Canada (Minister of Citizenship and Immigration)
Federal Court
Near, J.
June 9, 2011.
Summary:
Farenas, a citizen of the Philippines, was denied permanent residence status in Canada under the live-in caregiver class. The visa officer found that Farenas had submitted insufficient evidence to show that she and her family members were not inadmissible pursuant to s. 72(1) of the Immigration and Refugee Protection Regulations. Farenas applied for judicial review.
The Federal Court allowed the application and remitted the matter for redetermination.
Aliens - Topic 1239
Admission - Immigrants - Application for admission - Reasons for decision - Farenas, a citizen of the Philippines, was denied permanent residence status in Canada under the live-in caregiver class - The visa officer found that Farenas had submitted insufficient evidence to show that she and her family members were not inadmissible (Immigration and Refugee Protection Regulations. s. 72(1)) - Farenas applied for judicial review - The Federal Court allowed the application and remitted the matter for redetermination - There was no evidence to suggest that the officer conducted an adequate, critical, equivalency analysis - Consequently, he failed to provide sufficient reasons to support his finding.
Aliens - Topic 1744.1
Exclusion and expulsion - Immigration - Exclusion - Particular persons - Persons committing acts constituting an offence in Canada - [See Aliens - Topic 1239 ].
Cases Noticed:
Amin v. Canada (Minister of Citizenship and Immigration) (2008), 322 F.T.R. 293; 2008 FC 168, refd to. [para. 21].
Khosa v. Canada (Minister of Citizenship and Immigration) (2007), 360 N.R. 183; 2007 FCA 24, refd to. [para. 21].
Zeon v. Canada (Minister of Citizenship and Immigration), [2005] F.T.R. Uned. A91; 2005 FC 1338, refd to. [para. 24].
R. v. Pappajohn, [1980] 2 S.C.R. 120; 32 N.R. 104, refd to. [para. 25].
R v. Kairouz, [2010] R.J.Q. 1279; 2010 QCCQ 2649 (Prov. Ct.), refd to. [para. 26].
Rogers v. Canada (Minister of Citizenship and Immigration) (2009), 339 F.T.R. 191; 2009 FC 26, refd to. [para. 29].
Statutes Noticed:
Immigration and Refugee Protection Act Regulations (Can.), Immigration and Refugee Protection Regulations, SOR/2002-227, sect. 72(1) [para. 1].
Immigration and Refugee Protection Regulations - see Immigration and Refugee Protection Act Regulations (Can.).
Counsel:
Krassina Kostadinov, for the applicant;
Ian Hicks, for the respondent.
Solicitors of Record:
Lorne Waldman, Waldman & Associates, Toronto, Ontario, for the applicant;
Myles J. Kirvan, Deputy Attorney General of Canada, Ottawa, Ontario, Canada, for the respondent.
This application was heard in Toronto, Ontario, on February 2, 2011, by Near, J., of the Federal Court, who delivered the following decision on June 9, 2011.
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Inadmissibility
...v Canada (Minister of Citizenship and Immigration) , 2007 FC 1188 at para 9; Farenas v Canada (Minister of Citizenship and Immigration) , 2011 FC 660 at para 28. 173 Xiao v Canada (Minister of Citizenship and Immigration) , 2009 FC 195 at para 26. 174 Magtibay v Canada (Minister of Citizens......
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Table of cases
...364 Farenas v Canada (Minister of Citizenship and Immigration), 2011 FC 660 ..................................................................................................501 Farhat v Canada (Minister of Citizenship and Immigration), 2006 FC 1275 ...............................................
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Cruz v. Canada (Citizenship and Immigration), 2020 FC 455
...a reviewable error not to do so, nor does it amount to a breach of procedural fairness ( Farenas v Canada (Citizenship and Immigration), 2011 FC 660 at paras 29-32 (“Farenas”)). The Applicant was not entitled to a decision with respect to relief that he did not apply for (Veizaj v Canada (C......
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Red v. Canada (Citizenship and Immigration), 2018 FC 1271
...[18] As a result, the standard of reasonableness applies to my review of the Decision (Farenas v Canada (Citizenship and Immigration), 2011 FC 660 at para 21). Consequently, the Decision will only be set aside if it lacks justification, transparency, or intelligibility, and falls outside th......
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Cruz v. Canada (Citizenship and Immigration), 2020 FC 455
...a reviewable error not to do so, nor does it amount to a breach of procedural fairness ( Farenas v Canada (Citizenship and Immigration), 2011 FC 660 at paras 29-32 (“Farenas”)). The Applicant was not entitled to a decision with respect to relief that he did not apply for (Veizaj v Canada (C......
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Red v. Canada (Citizenship and Immigration), 2018 FC 1271
...[18] As a result, the standard of reasonableness applies to my review of the Decision (Farenas v Canada (Citizenship and Immigration), 2011 FC 660 at para 21). Consequently, the Decision will only be set aside if it lacks justification, transparency, or intelligibility, and falls outside th......
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Veizaj v. Canada (Citizenship and Immigration), 2016 FC 1070
...(Pizarro Gutierrez v. Canada (Citizenship and Immigration), 2013 FC 623, at paragraph 40; Farenas v. Canada (Citizenship and Immigration), 2011 FC 660, at paragraphs 29-33; Rafat v. Canada (Citizenship and Immigration), 2010 FC [13] Also, the Court notes that the applicant checked "NO&......
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Inadmissibility
...v Canada (Minister of Citizenship and Immigration) , 2007 FC 1188 at para 9; Farenas v Canada (Minister of Citizenship and Immigration) , 2011 FC 660 at para 28. 173 Xiao v Canada (Minister of Citizenship and Immigration) , 2009 FC 195 at para 26. 174 Magtibay v Canada (Minister of Citizens......
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Table of cases
...364 Farenas v Canada (Minister of Citizenship and Immigration), 2011 FC 660 ..................................................................................................501 Farhat v Canada (Minister of Citizenship and Immigration), 2006 FC 1275 ...............................................