Date: 19991214
Docket: IMM-5557-99
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Applicant,
- and -
RI WO CHEN,
Respondent.
REASONS FOR ORDER
PINARD J.
| [1] This is an application pursuant to section 82.1(1) of the Immigration Act, R.S.C. 1985, c. I-2 ("Immigration Act") for leave to commence an application under the Federal Court Act , R.S.C. 1985, c. F-7, to review and set aside a decision of an Adjudicator with the Adjudication Division of the Immigration and Refugee Board ("Adjudicator"), dated November 15, 1999, wherein the Adjudicator offered the Respondent release on the posting of a $30,000.00 security deposit by Li Hua Chen and Ri Le Chen and the following terms and conditions: |
| a) report all changes of address, before changing residence, in person to an Immigration official at CIC Toronto, Vancouver or Prince George; |
| b) report to an Immigration official at CIC Toronto, Vancouver or Prince George on 22 November 1999 and once per month as directed thereafter; |
| c) provide a residential address; |
| d) if required, fully cooperate with Immigration Canada to obtain a travel document; |
| e) attend at any and all sittings of your refugee hearing as directed by the Immigration and Refugee Board; and |
| f) if required fully cooperate with Immigration Canada in order to effect removal from Canada. |
| [2] Leave is hereby granted. However, the parties having agreed that under such circumstances the application for judicial review itself be disposed of on the same evidence as that filed in support of the application for leave, the former is dismissed on the ground that the Applicant has failed to demonstrate that the Adjudicator committed any reviewable error. |
| [3] Indeed, the Applicant"s arguments are all related to the appreciation of the facts as it was made by the Adjudicator. Upon reviewing the evidence, I am unable to conclude that the Adjudicator based his decision on an erroneous finding of fact that he made in a perverse or capricious manner or without regard for the material before him. Even though I might have appreciated the credibility of the Respondent"s sister differently, I am not at liberty, under such circumstances, to substitute my own appreciation (see for example The Minister of Citizenship and Immigration v. Yao Lin , IMM-5073-99, decision the Trial Division of this Court dated October 22, 1999). |
| [4] The intervention of this Court, therefore, is not warranted and the application for judicial review is dismissed. |
| [5] The parties did not submit any question for the purpose of certification. |
(Sgd.) "Y. Pinard"
Judge
December 14, 1999
Vancouver, British Columbia
FEDERAL COURT OF CANADA
IMMIGRATION DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-5557-99
STYLE OF CAUSE: MCI
v.
Ri Wo Chen
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: December 13, 1999
REASONS FOR ORDER OF Pinard, J
DATED: December 14, 1999
APPEARANCES:
| Ms Brenda Carbonell For the Applicant |
| Mr. Darryl Larson For the Respondent |
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney
| General of Canada For the Applicant |
Larson, Boulton,
Sohn, Stockholder
| Vancouver, BC For the Respondent |