Date: 20000713
Docket: IMM-5705-99
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
LUCILIA NOSTALGIA BOLANOS
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] As I find there is no admissible evidence on the record before the Immigration Appeal Division to support the finding that Walter Omar Bolanos Rumbea is Lucilia Nostalgia Bolanos" "son" as defined in s.2(1) of the Immigration Regulations , that is, that Walter Omar Bolanos Rumbea has been adopted by Lucilia Nostalgia Bolanos before he attained the age of 19 as provided in the definition of the term "adopted" in s.2(1) of the Immigration Regulations, this decision is hereby set aside.
ORDER
[2] Accordingly, I refer the matter back to the Immigration Appeal Division member Daniele A. D"Ignazio for re-determination on the record as it presently exists, or if she is unable to act, to another member of the Immigration Appeal Division, on the following direction:
| 1) On the basis that either party to the appeal is at liberty to call further evidence respecting the narrow legal adoption question according to the Immigration Appeal Division rules, the onus of proof resting with Lucilia Bolanos, a decision be made on the adoption question. |
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
July 13, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5705-99 |
| STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
- and -
| LUCILIA NOSTALGIA BOLANOS |
| DATE OF HEARING: WEDNESDAY, JULY 12, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: THURSDAY, JULY 13, 2000
| APPEARANCES BY: Mr. Mangesh Duggal |
| For the Applicant |
| Ms. Ann Margaret Oberst |
| For the Respondent |
| SOLICITORS OF RECORD: Mr. Mangesh Duggal |
Barrister & Solicitor
Bond Street Chambers
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: 20000713
Docket: IMM-5705-99
BETWEEN:
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Applicant
- and -
LUCILIA NOSTALGIA BOLANOS
Respondent
| REASONS FOR ORDER |
AND ORDER