| Citation: |
Perez Arias v. Canada (Minister of Citizenship and Immigration), 2009 FC 1207, [2009] 4 F.C.R. D-15 |
IMM-2476-09 |
Citizenship and Immigration
Status in Canada
Persons in Need of Protection
Judicial review of pre-removal risk assessment (PRRA) officer’s rejection of applicants’ claim to be found persons in need of protection pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 97 on basis insufficient evidence of risk of harm in country of origin—Applicants claiming entitled to oral hearing given Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 113(b), Immigration and Refugee Protection Regulations, SOR/2002-227, s. 167—S. 113(b) clearly stating availability of oral hearing in PRRA context matter of discretion, not of right, having regard to “prescribed factors” identified in Regulations, s. 167—Even though prescribed factors may exist in given case, not leading to inevitable conclusion oral hearing mandatory—In present case, officer made decision on credibility grounds but failed to disclose, identify those grounds—Officer’s failure to express real reasons for rejection by cloaking credibility concerns in language of sufficiency of evidence breaching obligation to provide adequate reasons for decision—Decision not meeting legal requirements—Application allowed.
Perez Arias v. Canada (Minister of Citizenship and Immigration) (IMM-2476-09, 2009 FC 1207, Heneghan J., judgment dated November 24, 2009, 11 pp.)