A-281-80
Carlos Enrique Sangueneti Toro (Applicant)
v.
Minister of Employment and Immigration
(Respondent)
Court of Appeal, Heald J., MacKay and Kelly
D.JJ.—Toronto, October 8 and 9, 1980.
Judicial review — Immigration — Application to review
decision of Immigration Appeal Board stating that applicant's
declaration filed is part of its reasons — Affidavits filed as
exhibits to declaration not attached to it and thus not part of
reasons — No reference to affidavits in reasons — Failure by
the Board to consider totality of evidence — Error of law —
Application allowed — Federal Court Act, R.S.C. 1970 (2nd
Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
Nancy Goodman and Barbara Jackman for
applicant.
L. Lehmann for respondent.
SOLICITORS:
Knazan, Jackman & Goodman, Toronto, for
applicant.
Deputy Attorney General of Canada for
respondent.
The following are the judgment and reasons for
judgment of the Court rendered in English by
HEALD J.: The reasons for judgment of the
Immigration Appeal Board state that the declara
tion of the applicant was filed and forms part of
the reasons of the Board. However, a perusal of
the declaration filed as part of the Board's reasons
disclosed that none of the exhibits to that declara
tion, including the affidavit of Carlos Barria
(Exhibit B) and the affidavit of Julia Barria
(Exhibit C), are attached and therefore do not
form part of the Board's reasons. Likewise, no
reference is made in the reasons of the Board to
these affidavits which appear to be corroborative
of the statements contained in the applicant's dec
laration. It appears therefore that the Board, in
making its decision has not had regard to the
totality of the evidence properly before it.
It has therefore erred in law. Accordingly the
section 28 application is allowed and the decision
of the Immigration Appeal Board is set aside. The
matter is referred back to the Board with the
direction that the Board consider the totality of the
evidence properly before it, that is, the examina
tion under oath and the applicant's declaration
together with all exhibits attached thereto.
* * *
MACKAY D.J.: I concur.
* * *
KELLY D.J.: I concur.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.