Date: 19990504
Docket: IMM-2880-98
BETWEEN:
JAMIE CUNANAN ANTONIO and ZENAIDA ANTONIO
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.
[1] The applicants challenge the immigration officer's refusal of their application for humanitarian and compassionate consideration, pursuant to subsection 114(2) of the Immigration Act, R.S.C. 1985, c. I-2. Their principal argument is that the immigration officer fettered her discretion by emphasizing the male applicant's admission that his testimony before the Convention Refugee Determination Division in 1993 was fabricated.
[2] In her written notes, the immigration officer did refer to the false information that the male applicant had provided during his refugee hearing. She stated that, in her opinion, "his credibility is questionable". The applicants argue that the immigration officer's comments concerning a credibility issue which arose in a different proceeding some five years earlier constitute a reviewable error.
[3] I respectfully disagree. It was the applicants themselves who produced the material, including a polygraph test, to establish that the evidence before the CRDD was not truthful. It was not inappropriate for the immigration officer to comment on this. She went on to review the other information submitted in support of the humanitarian and compassionate consideration application. There is no indication that she questioned the veracity of the contemporary information concerning the applicants' self-sufficiency in Canada, their integration into the community and the status of their two Canadian children. She also assessed their employment record. On the basis of her analysis of this data, she made her negative decision. The applicants have not convinced me that she did not have an open mind in reaching her conclusion.
[4] The applicants have failed to establish any reviewable error by the immigration officer. This application for judicial review will be dismissed. Neither party suggested the certification of a serious issue.
"Allan Lutfy"
Judge
TORONTO, ONTARIO
May 4, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2880-98
| STYLE OF CAUSE: JAMIE CUNANAN ANTONIO and ZENAIDA ANTONIO |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: TUESDAY, MAY 4, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY J.
DATED: TUESDAY, MAY 4, 1999
APPEARANCES: Mr. Arthur Weinreb
For the Applicants
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD: Arthur W. Weinreb
Barrister & Solicitor
44 Woodrow Ave.,
Toronto, Ontario
M4C 5S2
For the Applicants
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990504
Docket: IMM-2880-98
Between:
JAMIE CUNANAN ANTONIO and ZENAIDA ANTONIO
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER