Federal Court Decisions

Date: 20060907

Docket: IMM-7427-05

Citation: 2006 FC 1072

Ottawa, Ontario, September 7, 2006

PRESENT:     The Honourable Mr. Justice Phelan

BETWEEN:

AHMAD ABOU RAMADAN

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               The Applicant is a 68 year old citizen of Syria. His application for humanitarian and compassionate consideration to allow for processing of his permanent residence application from within Canada (H&C application) was denied.

[2]               The Applicant raised a number of issues in attacking the decision, some of which were abandoned, others of which go to the merits of the H&C application itself. This judicial review can be disposed of by reference to only one issue.

[3]               The Applicant says that his medical condition (he suffers from epileptic seizures) is central to his H&C.

[4]               The Respondent says that his medical condition was never advanced as grounds for his H&C. This would explain the notation in the interview notes “no medical problems – no medication”. It would also explain why the impact of his medical condition was never properly addressed in the H&C decision.

[5]               However, the Applicant has filed an affidavit in which he attests to the fact that he disclosed his medical condition, its seriousness and his absence of support in Syria. There was no cross-examination on his affidavit.

[6]               While the Respondent has made submissions that this medical condition was not advanced as part of the H&C, it has produced no evidence challenging the sworn uncontradicted evidence of the Applicant.

[7]               There is no reason to reject the Applicant’s evidence, it has the “ring of truth”, and his medical condition is not challenged. Given the direct conflict on the grounds of the H&C, the Court cannot ignore the Applicant’s evidence.

[8]               Therefore, the Court must conclude that the medical condition was raised and not properly addressed in the H&C decision.

[9]               This application for judicial review will be granted, the decision of the immigration officer will be quashed and the matter remitted back with leave to the Applicant to file such further and better evidence and submissions as is necessary for a new H&C determination.

JUDGMENT

            IT IS ORDERED THAT this application for judicial review is granted, the decision of the immigration officer is quashed and the matter remitted back with leave to the Applicant to file such further and better evidence and submissions as is necessary for a new H&C determination.

“Michael L. Phelan”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-7427-05

STYLE OF CAUSE:                          AHMAD ABOU RAMADAN

                                                            and

                                                            THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      September 5, 2006

REASONS FOR JUDGMENT

AND JUDGMENT:                          Phelan J.

DATED:                                             September 7, 2006

APPEARANCES:

SOLICITORS OF RECORD: