Sidhu v. Canada (Minister of Citizenship and Immigration), (2012) 409 F.T.R. 58 (FC)

JudgeRussell, J.
CourtFederal Court (Canada)
Case DateMarch 07, 2012
JurisdictionCanada (Federal)
Citations(2012), 409 F.T.R. 58 (FC);2012 FC 515

Sidhu v. Can. (M.C.I.) (2012), 409 F.T.R. 58 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2012] F.T.R. TBEd. JN.066

Harmanprit Kaur Sidhu (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-5587-11; 2012 FC 515; 2012 CF 515)

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

Federal Court

Russell, J.

May 3, 2012.

Summary:

An immigration officer at the Canadian High Commission in New Delhi, India, refused the applicant's husband's permanent resident application because he found that their marriage was not genuine. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board refused the applicant's appeal. The applicant applied for judicial review of the IAD's decision.

The Federal Court allowed the application, quashed the decision and returned the matter for reconsideration by a differently constituted IAD.

Aliens - Topic 1230

Admission - Immigrants - Application for admission - Immigrant visa - Duty of officer (incl. duty of fairness) - [See Aliens - Topic 1287 ].

Aliens - Topic 1287

Admission - Immigrants - Sponsorship - Members of the family class - The applicant was a Canadian citizen - Her husband was an Indian citizen living in India - An immigration officer at the Canadian High Commission in New Delhi, India, refused the applicant's husband's permanent resident application because he found that their marriage was not genuine - The Immigration Appeal Division (IAD) of the Immigration and Refugee Board refused the applicant's appeal - The applicant applied for judicial review - The Federal Court allowed the application - The IAD referred to, and relied upon, a number of concerns in its decision regarding the applicant's evidence that were not raised with her or addressed in a line of questioning - If the IAD had further specific questions, it should have raised them - Its failure to do so was a breach of natural justice and procedural fairness - The court also agreed with the applicant that the IAD erred in law by failing to refer to and take into account pre-marriage evidence of relevance to the evolution of the marriage as required under Chavez, as well as other documentary and viva voce evidence of relevance to the Chavez factors - These were not issues of weight - They were errors of fact that led to findings that were not supported by the record - See paragraphs 75 to 86.

Aliens - Topic 1304

Admission - Immigrants - Judicial review - Scope or standard of - An immigration officer refused the applicant's husband's permanent resident application because he found that their marriage was not genuine - The Immigration Appeal Division (IAD) of the Immigration and Refugee Board refused the applicant's appeal - The applicant applied for judicial review, raising the following issues: a. whether the IAD breached her right to procedural fairness by not putting its concerns to her; b. whether the IAD's conclusion that the marriage was not genuine was reasonable; c. whether the IAD overemphasized some of the Chavez factors at the expense of others; and d. whether the IAD's reasons were adequate - The Federal Court stated that the standard of review with respect to the first issue regarding procedural fairness was correctness - The standard of review on the second and third issues was reasonableness - With regard to the adequacy of reasons, this was not a freestanding ground for quashing a decision - Rather, the reviewing court was to examine the reasons together with the record to determine if the outcome was within a range of possible, acceptable outcomes - "Where the reasons and the record together show the Decision is in the Dunsmuir range, the Decision will stand" - See paragraphs 37 to 42.

Cases Noticed:

Chavez v. Canada (Minister of Citizenship and Immigration), [2005] I.A.D.D. No. 353, refd to. [para. 11].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 37].

Dios v. Canada (Minister of Citizenship and Immigration) (2008), 337 F.T.R. 120; 2008 FC 1322, refd to. [para. 38].

Adil v. Canada (Minister of Citizenship and Immigration) (2010), 377 F.T.R. 113; 2010 FC 987, refd to. [para. 38].

Rukmangathan v. Canada (Minister of Citizenship and Immigration) (2004), 247 F.T.R. 147; 2004 FC 284, refd to. [para. 38].

Canadian Union of Public Employees et al. v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539; 304 N.R. 76; 173 O.A.C. 38; 2003 SCC 29, refd to. [para. 38].

Sketchley v. Canada (Attorney General) (2005), 344 N.R. 257; 2005 FCA 404, refd to. [para. 38].

Chen v. Canada (Minister of Citizenship and Immigration), [2011] F.T.R. Uned. 781; 2011 FC 1268, refd to. [para. 39].

Buenavista v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 421; 2008 FC 609, refd to. [para. 39].

Alliance Pipeline Ltd. v. Smith (2011), 412 N.R. 66; 2011 SCC 7, refd to. [para. 40].

Celgene Corp. v. Canada (Attorney General) (2011), 410 N.R. 127; 2011 SCC 1, refd to. [para. 40].

Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3; 281 N.R. 1; 2002 SCC 1, refd to. [para. 40].

Khosa v. Canada (Minister of Citizenship and Immigration), [2009] 1 S.C.R. 339; 385 N.R. 206; 2009 SCC 12, refd to. [para. 41].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al. (2011), 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 42].

Maldonado v. Minister of Employment and Immigration (1979), 31 N.R. 34 (F.C.A.), refd to. [para. 44].

Owusu v. Canada (Minister of Citizenship and Immigration), [2006] F.T.R. Uned. 923; 2006 FC 1195, refd to. [para. 47].

Gao v. Canada (Minister of Citizenship and Immigration), [2011] F.T.R. Uned. 222; 2011 FC 368, refd to. [para. 69].

Lai v. Canada (Minister of Citizenship and Immigration) (2005), 332 N.R. 344; 2005 FCA 125, refd to. [para. 70].

Adu v. Minister of Employment and Immigration, [1995] F.C.J. No. 114 (C.A.), refd to. [para. 73].

Yassine v. Minister of Employment and Immigration (1994), 172 N.R. 308 (F.C.A.), refd to. [para. 74].

Liao (X.Z.) v. Canada (Minister of Citizenship and Immigration), [2000] F.T.R. Uned. 782 (T.D.), refd to. [para. 76].

Counsel:

Tamara Morgenthau, for the applicant;

Nina Chandy, 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, for the respondent.

This application was heard on March 7, 2012, at Toronto, Ontario, before Russell, J., of the Federal Court, who delivered the following decision on May 3, 2012.

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14 practice notes
  • Muthui et al. v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 42 (FC)
    • Canada
    • Federal Court (Canada)
    • January 30, 2014
    ...of Citizenship and Immigration) , [2000] FCJ No 1926 (QL) at para 17; Sidhu v Canada (Minister of Citizenship and Immigration) , 2012 FC 515 at para 76, 409 FTR 58 ; Dehghan v Canada (Minister of Citizenship and Immigration) , 2013 FC 680 at paras 49-50, 18 Imm LR (4th) 232 ). [52] As......
  • Ebi v. Canada (Minister of Citizenship and Immigration), (2015) 471 F.T.R. 268 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • November 13, 2014
    ...N.R. 279; 351 B.C.A.C. 91; 599 W.A.C. 91; 2014 SCC 24, refd to. [para. 23]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515, refd to. [para. Yu v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 88; 2014 FC 253, refd to. [pa......
  • Vassell-Samuel v. Canada (Minister of Citizenship and Immigration), (2013) 450 F.T.R. 16 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • July 23, 2013
    ... [2011] F.T.R. Uned. 387 ; 2011 FC 643 , refd to. [para. 18]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515 , refd to. [para. Galyas v. Canada (Minister of Citizenship and Immigration) (2013), 429 F.T.R. 1 ; 2013 FC 250 , refd to. [para. 20......
  • Kotelenets v. Canada (Minister of Citizenship and Immigration), (2015) 476 F.T.R. 92 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • October 9, 2014
    ... [2013] 4 F.C.R. 471 ; 408 F.T.R. 92 ; 2012 FC 438 , refd to. [para. 23]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515 , refd to. [para. Wang v. Canada (Minister of Citizenship and Immigration) (2007), 312 F.T.R. 312 ; 2007 FC 531 , refd ......
  • Request a trial to view additional results
14 cases
  • Muthui et al. v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 42 (FC)
    • Canada
    • Federal Court (Canada)
    • January 30, 2014
    ...of Citizenship and Immigration) , [2000] FCJ No 1926 (QL) at para 17; Sidhu v Canada (Minister of Citizenship and Immigration) , 2012 FC 515 at para 76, 409 FTR 58 ; Dehghan v Canada (Minister of Citizenship and Immigration) , 2013 FC 680 at paras 49-50, 18 Imm LR (4th) 232 ). [52] As......
  • Ebi v. Canada (Minister of Citizenship and Immigration), (2015) 471 F.T.R. 268 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • November 13, 2014
    ...N.R. 279; 351 B.C.A.C. 91; 599 W.A.C. 91; 2014 SCC 24, refd to. [para. 23]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515, refd to. [para. Yu v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 88; 2014 FC 253, refd to. [pa......
  • Vassell-Samuel v. Canada (Minister of Citizenship and Immigration), (2013) 450 F.T.R. 16 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • July 23, 2013
    ... [2011] F.T.R. Uned. 387 ; 2011 FC 643 , refd to. [para. 18]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515 , refd to. [para. Galyas v. Canada (Minister of Citizenship and Immigration) (2013), 429 F.T.R. 1 ; 2013 FC 250 , refd to. [para. 20......
  • Kotelenets v. Canada (Minister of Citizenship and Immigration), (2015) 476 F.T.R. 92 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • October 9, 2014
    ... [2013] 4 F.C.R. 471 ; 408 F.T.R. 92 ; 2012 FC 438 , refd to. [para. 23]. Sidhu v. Canada (Minister of Citizenship and Immigration) (2012), 409 F.T.R. 58; 2012 FC 515 , refd to. [para. Wang v. Canada (Minister of Citizenship and Immigration) (2007), 312 F.T.R. 312 ; 2007 FC 531 , refd ......
  • Request a trial to view additional results

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