Kumar v. Canada (Minister of Citizenship and Immigration)
Court headnote
Kumar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-09-26 Neutral citation 2003 FC 1108 File numbers IMM-3804-03 Decision Content Date: 20030926 Docket: IMM-3804-03 Citation: 2003 FC 1108 Montréal, Quebec, September 26, 2003 Present: RICHARD MORNEAU, ESQ., PROTHONOTARY BETWEEN: SANJIV KUMAR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Motion in writing by the Respondent for an order striking the Applicant's notice of Application for leave and for judicial review. REASONS FOR ORDER AND ORDER [1] The Court is satisfied that the motion herein can be decided without an oral hearing on the basis of the written material submitted so far. [2] The Applicant has filed an Application for leave and for judicial review against a decision of the Refugee Protection Division of the Immigration and Refugee Board (RPD), denying his claim for refugee protection. [3] The RPD has subsequently allowed an Application by the Applicant to have his claim for refugee protection reopened and fixed a date for the resumption of the hearing, that is October 20, 2003, before a different member of the Immigration and Refugee Board. [4] Upon considering the motion records submitted by the parties, it is appropriate for the Court to exercise its discretion to decline to consider the Application for leave and for judicial review on the merits for reasons of mootness. [5] Therefore, it is hereby ordered that the Applicant's Appli…
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Kumar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-09-26 Neutral citation 2003 FC 1108 File numbers IMM-3804-03 Decision Content Date: 20030926 Docket: IMM-3804-03 Citation: 2003 FC 1108 Montréal, Quebec, September 26, 2003 Present: RICHARD MORNEAU, ESQ., PROTHONOTARY BETWEEN: SANJIV KUMAR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Motion in writing by the Respondent for an order striking the Applicant's notice of Application for leave and for judicial review. REASONS FOR ORDER AND ORDER [1] The Court is satisfied that the motion herein can be decided without an oral hearing on the basis of the written material submitted so far. [2] The Applicant has filed an Application for leave and for judicial review against a decision of the Refugee Protection Division of the Immigration and Refugee Board (RPD), denying his claim for refugee protection. [3] The RPD has subsequently allowed an Application by the Applicant to have his claim for refugee protection reopened and fixed a date for the resumption of the hearing, that is October 20, 2003, before a different member of the Immigration and Refugee Board. [4] Upon considering the motion records submitted by the parties, it is appropriate for the Court to exercise its discretion to decline to consider the Application for leave and for judicial review on the merits for reasons of mootness. [5] Therefore, it is hereby ordered that the Applicant's Application for leave and for judicial review is struck out on the grounds of mootness, the whole without costs. Richard Morneau Prothonotary FEDERAL COURT Date : 20030926 Docket : IMM-3804-03 BETWEEN: SANJIV KUMAR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT COUNSEL AND SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: IMM-3804-03 SANJIV KUMAR Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ORDER OF:Richard Morneau, Esq., Prothonotary DATED:September 26, 2003 WRITTEN OBSERVATIONS BY: Mr. Sanjiv Kumar for the Applicant Mr. François Joyal for the Respondent SOLICITORS OF RECORD: Mr. Morris Rosenberg Deputy Attorney General of Canada for the Respondent
Source: decisions.fct-cf.gc.ca