Canada Immigration Case Law Bermudez v. Canada June 8, 2015 J., Federal Court

Benit Varghese Caselaws 0 Comments

Here is another IMMIGRATION case, Bermudez v. Canada — Selection and admission — General — Cessation of permanent resident status —

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog reportersreport.com as a pdf document

Foreign national was citizen of Colombia who had been approved for refugee protection from within Colombia as member of Source Country Class and who entered Canada in 2006 as refugee and permanent resident — Foreign national returned to Colombia on two occasions in 2008 and 2009 in order to marry his fiancée and bring her with him to Canada however marriage did not take place and foreign national returned to Canada — After returning from trip to Mexico in 2014 Canada Border Services Agency (CBSA) noticed foreign national’s Colombian passport and previous trips to Colombia and forwarded his case for cessation consideration — Minister contended that as foreign national had used his Colombian passport to travel to Colombia twice, to United States at least eight times and to Mexico once foreign national had voluntarily re-availed himself of protection of his country of nationality, as described in s. 108(1)(a) of Immigration and Refugee Protection Act (Can.) — Minister referred foreign national to refugee Protection Division for cessation determination — Foreign national applied for judicial review — Application granted; matter was remitted for reconsideration by another Hearings Officer — Hearings Officer retains discretion not to make cessation application when she is of view that evidence before her does not support re-availment determination under s. 108 — To arrive at that determination, she must have regard to submissions of individual concerned and not simply to their travel history — Officer in this instance failed to consider relevant submissions and for that reason application must be granted — Question certified : Does CBSA hearings officer, or hearings officer as Minister’s delegate, have discretion to consider factors other than those set out in s. 108(1), including H&C considerations and best interests of child, when deciding whether to make cessation application pursuant to s. 108(2) in respect of permanent resident

Bermudez v. Canada (Minister of Citizenship and Immigration) (June 8, 2015, Richard G. Mosley J., Federal Court) 255 A.C.W.S. (3d) 711

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