Tanaka v. Canada (Citizenship and Immigration), 2023 FC 486 : Family Violence TRP Refusal Set Aside Due to Deficient Certified Tribunal Record

The Federal Court reviewed the refusal of Yuki Tanaka’s application for a Family Violence Temporary Resident Permit. The applicant challenged both the fairness and reasonableness of the decision, including significant deficiencies in the Certified Tribunal Record. The Court granted judicial review solely on procedural fairness grounds.

Key Principle

Where deficiencies in the Certified Tribunal Record prevent an applicant or the Court from having a complete and reliable record of the administrative proceedings, those deficiencies may amount to a breach of procedural fairness. Once such a breach is established and is sufficient to dispose of the application, the Court need not determine the remaining reasonableness issues.

Background

The applicant applied for a Family Violence Temporary Resident Permit. An immigration officer refused the application. On judicial review, she argued that the process was procedurally unfair, primarily because the Certified Tribunal Record was deficient, and also challenged the overall reasonableness of the officer’s decision.

Court Findings

• Certified Tribunal Record Was Deficient

The Court accepted the applicant’s argument that the Certified Tribunal Record contained deficiencies significant enough to affect the fairness of the judicial review process.

• Deficiencies Amounted to Procedural Unfairness

Relying on prior Federal Court authority, the Court concluded that the problems with the record constituted a breach of procedural fairness. The defect was sufficiently serious to justify setting aside the officer’s decision.

• Procedural Fairness Was Determinative

Because the procedural fairness issue independently required the decision to be overturned, the Court found it unnecessary to consider the applicant’s remaining arguments challenging the reasonableness of the refusal.

• Court Did Not Decide the Merits of the TRP Refusal

The judgment did not determine whether the officer’s substantive assessment of the Family Violence Temporary Resident Permit application was reasonable. The matter was returned for a fresh determination instead.

Outcome

The Federal Court granted judicial review, set aside the officer’s decision, and remitted the Family Violence Temporary Resident Permit application to another immigration officer for redetermination. No question was certified.

Case Citation:

Tanaka v. Canada (Citizenship and Immigration), 2023 FC 486 (CanLII)