Federal Court Decisions

Decision Information

Saldana Fajardo v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2012-06-29
Neutral citation 2012 FC 829
File numbers IMM-7048-11

Decision Content

 

 

 

Date: 20120629

Docket: IMM-7048-11

Citation: 2012 FC 829

Ottawa, Ontario, June 29, 2012

PRESENT:     The Honourable Mr. Justice Zinn

 

BETWEEN:

 

 

JOSE FRANCISCO SALDANA FAJARDO

IVAN FRANCISCO SALDANA MARTINEZ

 

 

 

Applicants

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

 

 

Respondent

 

 

 

 

         REASONS FOR JUDGEMENT AND JUDGMENT

 

[1]               The applicants, Jose Saldana Fajardo (Jose) and his son Ivan, requested a deferral of their removal.  It was denied.  This application was heard together with their application in IMM-7049-11 which deals with a negative Pre-Removal Risk Assessment (PRRA). 

 

[2]               In their written memorandum, the applicants state that the issue in this application is “Whether the Inland Enforcement Officer erred by making an administrative decision not to grant a deferral of removal in a procedurally unfair manner and/or not in accordance with the principles of natural justice.”  My initial assessment after reading the records filed in this application was that there was no merit to the application and that it should be dismissed.  That assessment was confirmed at the oral hearing of these related applications when counsel candidly and appropriately informed the Court that the issues he would speak to related solely to the negative PRRA decision.

 

[3]               Accordingly, this application is dismissed.  Neither party proposed a question for certification.

 

 

JUDGMENT

THIS COURT’S JUDGMENT is that this application for judicial review is dismissed, and no question is certified.

 

 

"Russel W. Zinn"

Judge

 

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-7048-11

 

STYLE OF CAUSE:                          JOSE FRANCISCO SALDANA FAJARDO ET AL v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      May 16, 2012

 

REASONS FOR JUDGMENT

AND JUDGMENT:                          ZINN J.

 

DATED:                                             June 29, 2012

 

 

 

APPEARANCES:

 

Joseph S. Farkas

 

                           FOR THE APPLICANTS

Samantha Reynolds

 

                           FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

JOSEPH S. FARKAS

Barrister & Solicitor

Toronto, Ontario

 

                           FOR THE APPLICANTS

MYLES J. KIRVAN

Deputy Attorney General of Canada

Toronto, Ontario

 

                           FOR THE RESPONDENT

 

 

 

 

 

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