Date: 19981202
Docket: IMM-1167-97
BETWEEN:
PATHMAWATHY SHANMUGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered orally from the Bench at Toronto, Ontario on
Tuesday, December 1, 1998, as edited)
ROTHSTEIN J.
[1] In this judicial review, the applicant has satisfied me that the panel made reference to a set of documents that was not before it and did not make reference to documents that were in evidence before it. While some of the documents it referred to in its decision were clearly before it, I cannot be satisfied that it took account of all up-to-date documentary information because its reasons do not indicate that it considered the new information before it.
[2] The judicial review is allowed and the matter is remitted to a different panel of the Refugee Division for redetermination.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
December 2, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1167-97
| STYLE OF CAUSE: PATHMAWATHY |
SHANMUGALINGAM
and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: TUESDAY, DECEMBER 1, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: WEDNESDAY, DECEMBER 2, 1998
APPEARANCES: Ms. Helen Turner
For the Applicant
Mr. Michael Morris
For the Respondent
SOLICITORS OF RECORD: Helen R. Turner
Barrister & Solicitor
1505-80 Richmond St. W.,
Toronto, Ontario
M5H 2A4
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981202
Docket: IMM-1167-97
Between:
| PATHMAWATHY SHANMUGALINGAM |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |