Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-2764-95
Denault J.
27/3/96
6 pp.
Application for judicial review to quash determination officer's decision applicants not risking persecution if removed to their country-Couple living in Malaysia, where had three children-Mother unable to obtain permanent resident status in Malaysia, which frustrated husband-Criticized country's laws, fulminated against discrimination to which wife subject and, as result, imprisoned on two occasions-Argument Post-Claim Determination Officer erred in failing to consider possibility applicant mother faced risk should she return to India, her country of citizenship-In respect of other family members, counsel argued officer erred by (a) referring to Convention Refugee Determination Division's decision, as in so doing she incorrectly applied persecution test rather than risk test found in definition; (b) mistakenly assessing evidence; and (c) failing to consider material facts adduced in evidence-Application for judicial review allowed-Officer erred in law by refusing to exercise jurisdiction: should have considered possibility applicant would be subjected to risk should she return to country of citizenship-An officer's failure to set out all facts on which decision based or analyse those capable of leading to different decision not necessarily justifying Court's intervention-Some of officer's errors in setting out risks insignificant, not harming applicants in any way-However, nowhere in her decision, or even in her notes, did officer touch on recent attempts by police to track applicant father down-Oversight shows reviewing officer not considering totality of evidence-Immigration Regulations, 1978, SOR/78-172, s. 2(1).