Date: 20000627
Docket: IMM-1179-99
BETWEEN:
SHIMME DEWAN
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the Bench at Toronto, Ontario
on Tuesday, June 27, 2000)
HENEGHAN J.
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board dated February 19, 1999, wherein it declared the refugee claim of SHIMME DEWAN ("the Applicant") to have been abandoned.
[2] The Applicant bases her application for judicial review upon the ground that she did not receive the letter of December 2, 1998 advising her to attend at the offices of Citizenship and Immigration Canada to pick up her immigration documents. These documents would have included the Personal Information Form ("the PIF"). The Applicant did not receive the letter and did not attend to pick up the documents. She was not served with any immigration documents including the PIF.
[3] The decision of the Convention Refugee Determination Division says that she was served the PIF and failed to submit the completed form and as a result of that failure, the decision was made that her claim was deemed to have been abandoned.
[4] Based on the facts before me, the conclusion of the Convention Refugee Determination Division that the Applicant was served with her PIF, is not supported by the evidence.
ORDER
[5] Accordingly, the application for judicial review is allowed and the matter remitted back to the Immigration and Refugee Board, Convention Refugee Determination Division, for the continuation of the Applicant"s Convention Refugee Determination process.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
June 27, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1179-99 |
| STYLE OF CAUSE: SHIMME DEWAN |
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
| DATE OF HEARING: TUESDAY, JUNE 27, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DELIVERED AT TORONTO, ONTARIO ON TUESDAY, JUNE 27, 2000
| APPEARANCES BY: Mr. Lorne Waldman |
| For the Applicant |
| Mr. Marcel Larouche |
| For the Respondent |
| SOLICITORS OF RECORD: Jackman, Waldman & Associates |
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000627
Docket: IMM-1179-99
BETWEEN:
| SHIMME DEWAN |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER