Rodrigues v. Canada (Citizenship and Immigration)
Source text
Rodrigues v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-11-16 Neutral citation 2007 FC 1207 File numbers IMM-1426-07 Decision Content Date: 20071116 Docket: IMM-1426-07 Citation: 2007 FC 1207 Ottawa, Ontario, November 16, 2007 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: ASHLEY FRANCISCO RODRIGUES Applicant(s) and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent(s) SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Subsequent to the hearing of this application, but before my decision was rendered, counsel for the Applicant proposed the following question for certification: Does a PRRA officer err in law if that officer relies upon guidelines prepared by a foreign government with respect to determining a question of law or mixed fact and law that is within the jurisdiction of that officer? [2] Counsel for the Respondent objected to the proposed question on the ground that it would not be determinative. [3] In my decision of October 16, 2007, I invited the Applicant’s counsel to propose a question for certification having regard to the reasons then given. Nothing further was submitted. [4] I do not believe that the question posed by the Applicant arises on the reasons given for dismissing his application. In the result, I decline to certify the question proposed. JUDGMENT THIS COURT ADJUDGES that no question will be certified in this proceeding. “ R. L. Barnes ” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1426…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Rodrigues v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-11-16 Neutral citation 2007 FC 1207 File numbers IMM-1426-07 Decision Content Date: 20071116 Docket: IMM-1426-07 Citation: 2007 FC 1207 Ottawa, Ontario, November 16, 2007 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: ASHLEY FRANCISCO RODRIGUES Applicant(s) and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent(s) SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Subsequent to the hearing of this application, but before my decision was rendered, counsel for the Applicant proposed the following question for certification: Does a PRRA officer err in law if that officer relies upon guidelines prepared by a foreign government with respect to determining a question of law or mixed fact and law that is within the jurisdiction of that officer? [2] Counsel for the Respondent objected to the proposed question on the ground that it would not be determinative. [3] In my decision of October 16, 2007, I invited the Applicant’s counsel to propose a question for certification having regard to the reasons then given. Nothing further was submitted. [4] I do not believe that the question posed by the Applicant arises on the reasons given for dismissing his application. In the result, I decline to certify the question proposed. JUDGMENT THIS COURT ADJUDGES that no question will be certified in this proceeding. “ R. L. Barnes ” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1426-07 STYLE OF CAUSE: ASHLEY FRANCISCO RODRIGUES v. MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO DATE OF HEARING: 10-SEPT-2007 SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT: BARNES J. DATED: November 16, 2007 APPEARANCES: Lorne Waldman FOR THE APPLICANT(S) Kristina Dragaitis FOR THE RESPONDENT(S) SOLICITORS OF RECORD: Lorne Waldman Barrister and Solicitor Toronto, Ontario FOR THE APPLICANT(S) John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT(S)
Source: decisions.fct-cf.gc.ca
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