Federal Court Decisions

Decision Information

Decision Content

Date: 20020306

Docket: IMM-1210-01

Neutral citation: 2002 FCT 255

Toronto, Ontario, Wednesday the 6th day of March 2002

PRESENT:            The Honourable Madam Justice Dawson

BETWEEN:

                ALVARO ARNOLDO RUANO ALVARADO,

GILMA NINETH RUANO and ALVARO

STEVE RUANO and KEVIN STUARDO

RUANO, by their litigation guardian,

ALVARO ARNOLDO RUANO ALVARADO

                                                                                                   Applicants

                                                    - and -

   THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                 Respondent

                     REASONS FOR ORDER AND ORDER

DAWSON J.


[1]    The applicants in this proceeding for judicial review assert that in rejecting their application for visa exemption and permanent residence in Canada on humanitarian and compassionate grounds the immigration officer erred by concurring with, and adopting, a negative risk assessment which was unreasonable and made without regard for the evidence.

[2]    When conducting an assessment of the risk which an applicant would face if returned to his or her country of origin, all evidence directly relevant to the applicant must be considered. The decision-maker may not justify his or her conclusion by a selective reading of the evidence. The greater the relevance of evidence supporting the assertion of risk, the greater the need for the decision-maker to explain why the evidence was not found to be persuasive.

[3]    Despite the articulate submission of counsel for the applicants, I have not been persuaded that the immigration officer erred as alleged. I have been persuaded by the equally articulate submission of counsel for the Minister that the decision was not based on a selective reading of the evidence. Further, the evidence not specifically referred to in the risk assessment and relied upon by the applicants was not so significant and relevant that it may be inferred from its omission in the risk assessment that the evidence was overlooked.


[4]                 After carefully reviewing the Personal Information Forms of the adult applicants and the country condition documentation referred to by applicants' counsel, I am satisfied that the evidence could reasonably support the conclusion that the applicants would not be subject to an objectively identifiable risk to life, or extreme sanction, or of inhumane treatment if they were to return to Guatemala. Therefore, the application for judicial review will be dismissed.

[5]                 Counsel posed no question for certification and no question is certified.

ORDER

[6]                 IT IS HEREBY ORDERED THAT:

1.          The application for judicial review is dismissed.

2.          No question is certified.

"Eleanor R. Dawson"

                                                                                                           Judge                        


FEDERAL COURT OF CANADA

                   Names of Counsel and Solicitors of Record

COURT NO:                                                        IMM-1210-01

STYLE OF CAUSE:                                            ALVARO ARNOLDO RUANO ALVARADO, GILMA NINETH RUANO and ALVARO STEVE RUANO and KEVIN STUARDO RUANO, by their litigation guardian, ALVARO ARNOLDO RUANO ALVARADO

                                                                                                   Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                 Respondent

DATE OF HEARING:                           TUESDAY, MARCH 5, 2002

PLACE OF HEARING:                                      TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                                               DAWSON J.

DATED:                                                                WEDNESDAY, MARCH 6, 2002

APPEARANCES BY:                                       D. Clifford Luyt

For the Applicants

Michael Butterfield

For the Respondent


Page: 2

SOLICITORS OF RECORD:                        Jackman, Waldman & Associates

Barristers & Solicitors

c\o 281 Eglinton Avenue East

Toronto, Ontario

M4P 1L3

For the Applicants

                                    Morris Rosenberg

Deputy Attorney General of Canada                                                                                  

For the Respondent


FEDERAL COURT OF CANADA

            Date: 20020306

          Docket: IMM-1210-01

BETWEEN:

ALVARO ARNOLDO RUANO ALVARADO, GILMA NINETH RUANO and ALVARO STEVE RUANO and KEVIN STUARDO RUANO, by their litigation guardian, ALVARO ARNOLDO RUANO ALVARADO

                                               Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                             Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.