Molina de Vazquez et al. v. Canada (Minister of Citizenship and Immigration), (2014) 456 F.T.R. 124 (FC)

Judgede Montigny, J.
CourtFederal Court (Canada)
Case DateFebruary 11, 2014
JurisdictionCanada (Federal)
Citations(2014), 456 F.T.R. 124 (FC);2014 FC 530

Molina de Vazquez v. Can. (M.C.I.) (2014), 456 F.T.R. 124 (FC)

MLB headnote and full text

[French language version follows English language version]

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

.........................

Temp. Cite: [2014] F.T.R. TBEd. JN.004

Sandra Elizabeth Molina de Vazquez, Leandro Mariano Vazquez Molina and Lautaro Nahuel Vazquez Molina (applicants) v. The Minister of Citizenship and Immigration (respondent)

(IMM-496-13; 2014 FC 530; 2014 CF 530)

Indexed As: Molina de Vazquez et al. v. Canada (Minister of Citizenship and Immigration)

Federal Court

de Montigny, J.

June 2, 2014.

Summary:

A mother and her two minor sons, citizens of Argentina, applied for permanent residence from within Canada based on humanitarian and compassionate grounds. An immigration officer refused the application, finding that the mother had not demonstrated that their return to Argentina would result in unusual, undeserved or disproportionate hardship. The applicants applied for judicial review.

The Federal Court dismissed the application.

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - [See first Aliens - Topic 1206 ].

Aliens - Topic 1206

Admission - Immigrants - Upon compassionate or humanitarian grounds - A mother and her two minor sons, citizens of Argentina, applied for permanent residence on humanitarian and compassionate grounds - An immigration officer refused the application - In considering the best interests of the children, the officer referred to four websites (including tourism websites) that described the high quality of the Argentinean educational system - The applicants applied for judicial review, arguing that the officer breached procedural fairness by relying on these four independently researched sources without providing them with the opportunity to respond - The Federal Court dismissed the application - It was not the document itself which dictated whether it was "extrinsic" evidence that had to be disclosed to an applicant in advance, but whether the information contained in that document would be known by an applicant in light of the nature of the submissions made - While the particular websites consulted by the officer might be somewhat unorthodox, they contained general information about the Argentinian school system which would have been reasonably accessible by the applicants - They did not contain novel and significant information which evidenced a change in the general country conditions that might affect the disposition of the case - See paragraphs 25 to 32.

Aliens - Topic 1206

Admission - Immigrants - Upon compassionate or humanitarian grounds - The applicant and her sons, citizens of Argentina, came to Canada in 2000 - Two claims for refugee status were denied - The applicant failed to appear for a pre-removal interview in 2005 - A warrant was issued and remained active for seven years until she presented herself to the Canada Border Services Agency because her son had been intercepted by the police - An immigration officer refused the applicant's application for permanent residence on humanitarian and compassionate grounds because, inter alia, her moderate level of establishment was achieved by working without authorization and by not complying with immigration laws and policies - The applicant applied for judicial review, arguing that the officer put too much emphasis on the fact that she overstayed in Canada following the expiry of her work permit in 2004 - The Federal Court dismissed the application - Obtaining a discretionary exemption from the application of the usual legal requirements as a result of disobeying the law would fly in the face of immigration policy - When establishment was a function of having deliberately chosen to evade removal, it should not provide an applicant with an advantage over those who had complied with the law - The officer could give significant weight to this factor - See paragraphs 38 to 44.

Aliens - Topic 1230

Admission - Immigrants - Application for admission - Immigrant visa - Duty of officer (incl. duty of fairness) - [See first Aliens - Topic 1206 ].

Aliens - Topic 1236

Admission - Immigrants - Application for admission - Evidence and proof - [See first Aliens - Topic 1206 ].

Cases Noticed:

Kisana v. Canada (Minister of Citizenship and Immigration) (2009), 392 N.R. 163; 2009 FCA 189, refd to. [para. 24].

Khosa v. Canada (Minister of Citizenship and Immigration) (2009), 385 N.R. 206; 2009 SCC 12, refd to. [para. 24].

Stephenson v. Canada (Minister of Citizenship and Immigration), [2011] F.T.R. Uned. 566; 2011 FC 932, refd to. [para. 24].

Sinnasamy v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 41; 2008 FC 67, refd to. [para. 27].

Mazrekaj v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 447; 2012 FC 953, refd to. [para. 27].

Mancia v. Canada (Minister of Citizenship and Immigration), [1998] 3 F.C. 461; 226 N.R. 134 (F.C.A.), refd to. [para. 27].

Jiminez et al. v. Canada (Minister of Citizenship and Immigration), [2010] F.T.R. Uned. 737; 2010 FC 1078, refd to. [para. 28].

Quiroa et al. v. Canada (Minister of Citizenship and Immigration) (2007), 312 F.T.R. 262; 2007 FC 495, refd to. [para. 31].

Adil v. Canada (Minister of Citizenship and Immigration) (2010), 377 F.T.R. 113; 2010 FC 987, refd to. [para. 31].

Shahid v. Canada (Minister of Citizenship and Immigration), [1993] F.C.J. No. 1333, refd to. [para. 31].

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. 36].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 37].

Sebbe et al. v. Canada (Minister of Citizenship and Immigration) (2012), 414 F.T.R. 268; 2012 FC 813, refd to. [para. 38].

Benyk v. Canada (Minister of Citizenship and Immigration), [2009] F.T.R. Uned. 577; 2009 FC 950, refd to. [para. 41].

Legault v. Canada (Minister of Citizenship and Immigration) (2002), 288 N.R. 174; 2002 FCA 125, refd to. [para. 41].

Counsel:

Erin Bobkin and Aviva Basman, for the applicants;

Kristina Dragaitis, for the respondent.

Solicitors of Record:

Refugee Law Office, Toronto, Ontario, for the applicants;

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

This application for judicial review was heard at Toronto, Ontario, on February 11, 2014, before de Montigny, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on June 2, 2014.

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13 practice notes
  • Shah v. Canada (Citizenship and Immigration), 2018 FC 537
    • Canada
    • Federal Court (Canada)
    • May 24, 2018
    ...has taken a broader contextual approach. She noted, in particular, Molina de Vazquez v Canada (Minister of Citizenship and Immigration), 2014 FC 530 [2014] FCJ No 548 [Molina de Vazquez], noting at para 35; [35] In Molina de Vazquez v Canada (Minister of Citizenship and Immigration), 2014 F......
  • Bradshaw v. Canada (Public Safety and Emergency Preparedness), 2018 FC 632
    • Canada
    • Federal Court (Canada)
    • June 18, 2018
    ...refer to reputable, official, up-to-date and publicly available sources (De Vazquez v Canada (Minister of Citizenship and Immigration), 2014 FC 530 at para 28, 456 FTR 124 [De Vazquez]). [60] The Respondent also notes that the Applicants submitted voluminous documentary evidence and updated......
  • Dereva et al. v. Canada (Minister of Citizenship and Immigration), (2015) 477 F.T.R. 287 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • March 23, 2015
    ...436 F.T.R. 281 ; 2013 FC 778 , refd to. [para. 13]. Molina de Vazquez et al. v. Canada (Minister of Citizenship and Immigration) (2014), 456 F.T.R. 124; 2014 FC 530 , refd to. [para. 13]. Pizarro Gutierrez v. Canada (Minister of Citizenship and Immigration) (2013), 434 F.T.R. 69 ; 2013 ......
  • Mkhonta et al. v. Canada (Minister of Public Safety and Emergency Preparedness), [2015] F.T.R. Uned. 578
    • Canada
    • Federal Court (Canada)
    • August 20, 2015
    ...the jurisprudence on the determination of what constitutes extrinsic evidence in De Vazquez v. Canada (Citizenship and Immigration) , 2014 FC 530 as that which depends upon whether the information would be known by the Applicant in light of the nature of the submissions made by the parties.......
  • Request a trial to view additional results
13 cases
  • Shah v. Canada (Citizenship and Immigration), 2018 FC 537
    • Canada
    • Federal Court (Canada)
    • May 24, 2018
    ...has taken a broader contextual approach. She noted, in particular, Molina de Vazquez v Canada (Minister of Citizenship and Immigration), 2014 FC 530 [2014] FCJ No 548 [Molina de Vazquez], noting at para 35; [35] In Molina de Vazquez v Canada (Minister of Citizenship and Immigration), 2014 F......
  • Bradshaw v. Canada (Public Safety and Emergency Preparedness), 2018 FC 632
    • Canada
    • Federal Court (Canada)
    • June 18, 2018
    ...refer to reputable, official, up-to-date and publicly available sources (De Vazquez v Canada (Minister of Citizenship and Immigration), 2014 FC 530 at para 28, 456 FTR 124 [De Vazquez]). [60] The Respondent also notes that the Applicants submitted voluminous documentary evidence and updated......
  • Dereva et al. v. Canada (Minister of Citizenship and Immigration), (2015) 477 F.T.R. 287 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • March 23, 2015
    ...436 F.T.R. 281 ; 2013 FC 778 , refd to. [para. 13]. Molina de Vazquez et al. v. Canada (Minister of Citizenship and Immigration) (2014), 456 F.T.R. 124; 2014 FC 530 , refd to. [para. 13]. Pizarro Gutierrez v. Canada (Minister of Citizenship and Immigration) (2013), 434 F.T.R. 69 ; 2013 ......
  • Mkhonta et al. v. Canada (Minister of Public Safety and Emergency Preparedness), [2015] F.T.R. Uned. 578
    • Canada
    • Federal Court (Canada)
    • August 20, 2015
    ...the jurisprudence on the determination of what constitutes extrinsic evidence in De Vazquez v. Canada (Citizenship and Immigration) , 2014 FC 530 as that which depends upon whether the information would be known by the Applicant in light of the nature of the submissions made by the parties.......
  • Request a trial to view additional results

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