Date: 20000628
Docket: IMM-1824-99
BETWEEN:
ALEX PETERS JERALDO
CAROLINA MARCELA DIAZ ORTIZ
MALHORY PETERS DIAZ
Applicants
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the Bench at Toronto, Ontario
on Wednesday, June 28, 2000)
HENEGHAN J.
[1] This is an application for judicial review of a decision of a Post Claim Determination Officer ("PCDO") dated March 19, 1999 which was sent to the Applicants on March 22, 1999. In the decision, the Applicants were found not to be members of the Post-determination Refugee Claimants in Canada class ("PDRCC").
[2] In the decision of the PCDO, it is apparent that the Personal Information Form ("PIF") of someone other than the Applicant, Alex Peters Jeraldo, was considered. In my view, this means that the PCDO considered irrelevant evidence.
ORDER
[3] Accordingly, the application for judicial review is granted and the matter is remitted for re-determination by a different PCDO officer in accordance with these reasons.
[4] Counsel did not submit a question for certification.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
June 28, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1824-99 |
| STYLE OF CAUSE: ALEX PETERS JERALDO |
CAROLINA MARCELA DIAZ ORTIZ
MALHORY PETERS DIAZ
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
| DATE OF HEARING: WEDNESDAY, JUNE 28, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DELIVERED AT TORONTO, ONTARIO ON WEDNESDAY, JUNE 28, 2000
| APPEARANCES BY: Pheroze J. K. Jeejeebhoy |
| For the Applicant |
| Mr. David Tyndale |
| For the Respondent |
| SOLICITORS OF RECORD: Pheroze J. K. Jeejeebhoy |
Barrister & Solicitor
Bond Street Chamber
70 Bond Street, Suite 500
Toronto, Ontario
M5B 1X3
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000628
Docket: IMM-1824-99
BETWEEN:
| ALEX PETERS JERALDO |
CAROLINA MARCELA DIAZ ORTIZ
MALHORY PETERS DIAZ
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER