Digests

Thechkohie v. Canada (Minister of Citizenship and Immigration)

IMM-5204-01

2002 FCT 672, Hansen J.

14/6/02

5 pp.

Applicant parents maintaining 27-year-old deaf, mute, mildly retarded son who has Syrian passport, lived with parents in Lebanon prior to coming to Canada, at risk if returned to Lebanon as every male Syrian citizen must serve in military upon reaching age 18--Since son has not served in military, liable to be arrested by Syrian forces in Lebanon, imprisoned in Syria--Documentary evidence disclosing human rights abuses in Syrian prisons--Immigration officer holding documentation indicating Syrian aged 18 to 50 must serve in military, but not that service must be at age 18--Applicants submitting documents included in post-interview submissions supporting allegations of risk, application should have been forwarded to Post-Claims Determination Officer (PCDO) for risk assessment-- Respondent relying on Singh v. Canada (Minister of Citizenship and Immigration) (2000), 186 F.T.R. 155 (F.C.T.D.) wherein Reed J. holding immigration officer having discretion to determine when risk alleged serious enough to require review, citing guidelines instructing referral to PCDO only when application based largely on risk factors--Reed J.'s observation in relation to pre-October 2001 guidelines containing specific direction to send application based largely on risk factors to PCDO--Amended guidelines not containing such direction, but directing officer, where non-risk humanitarian and compassionate (H&C) factors insufficient on own to warrant approval, to send application to PCDO for review--Further directing PCDO review may not be necessary in absence of specific risk concerns--In light of submissions provided to immigration officer identifying specific risks to son given particular vulnerability due to disabilities, unreasonable for officer to conclude no objectively identifiable risk in absence of assessment by PCDO--Application allowed.