| Citation: |
de Torres v. Canada (Minister of Citizenship and Immigration), 2009 FC 208, [2009] 3 F.C.R. D-10 |
IMM-3238-08 |
Citizenship and Immigration
Exclusion and Removal
Removal of Refugees
Judicial review of decision by pre-removal risk assessment (PRRA) officer rejecting PRRA application—Whether officer erred in finding applicant not presenting new evidence—Legal meaning of “new” evidence discussed in Raza v. Canada (Minister of Citizenship and Immigration), 2007 FCA 385, as that which might have affected outcome of Refugee Protection Division hearing, adopted—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 113(a) asking, expressly and by implication, questions about new evidence including credibility, relevance, newness, materiality—Officer not treating as new evidence relevant Personal Information Form of applicant’s daughter, accepted as refugee in Canada since Immigration and Refuge Board’s 2003 decision—No finding of absence of credibility, no analysis of materiality of new evidence—Letters from applicant’s other daughter in Columbia material in light of other evidence—Unreasonable for officer not to assess or analyse additional evidence presented by applicant—Application allowed.
de Torres v. Canada (Minister of Citizenship and Immigration) (IMM-3238-08, 2009 FC 208, O’Keefe J., judgment dated February 26, 2009, 25 pp.)