Lakatos v. Canada (Citizenship and Immigration)

Lakatos v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-10-04
Neutral citation
2010 FC 971
File numbers
IMM-1071-10
Decision Content
Federal Court
Cour fédérale
Date: 20101004
Docket: IMM-1071-10
Citation: 2010 FC 971
[UNREVISED CERTIFIED ENGLISH TRANSLATION]
Ottawa, Ontario, October 4, 2010
PRESENT: The Honourable Mr. Justice Pinard
BETWEEN:
FERENC LAKATOS,
FERENCNE LAKATOS and
SANDOS LAKATOS
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is an application for judicial review of a decision rendered on January 20, 2010, by a pre‑removal risk assessment officer (PRRA officer). The application was submitted under subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, by Ferenc Lakatos, Ferencné Lakatos and Sandos Lakatos (the applicants). The PRRA officer found that the applicants were not subject to a danger of torture or to a risk of cruel or unusual treatment or punishment or to a risk to their lives if they were to be removed to their country of nationality.
[2] The applicants are citizens of Hungary of Roma ethnicity.
[3] On March 9, 2010, after the decision by the PRRA officer and before their application for leave and judicial review of the decision could be considered, the applicants left Canada for Hungary. These facts were admitted by counsel for the applicants.
[4] Consequently, I am forced to agree with the respondent that this application for judicial review has become moot and must therefore be dismissed. In so doing, I rely on the decision of the Federal Court of Appeal in Perez v. The Minister of Citizenship and Immigration, 2009 FCA 171, which affirmed the decision of Justice Luc Martineau (2008 FC 663), who, being satisfied that the applicant had left Canada before the application for judicial review of the PRRA decision could be heard by the Court, dismissed the application on the ground that it was moot.
[5] In Villalobo v. The Minister of Citizenship and Immigration, 2009 FC 773, Justice Michael Kelen, relying on Perez, above, made the same finding (see also the decision of my colleague, James Russell, in Rana v. The Minister of Citizenship and Immigration, 2010 FC 36).
[6] Accordingly, the application for judicial review is dismissed.
JUDGMENT
The application for judicial review of the decision rendered on January 20, 2010, by a PRRA officer is dismissed.
“Yvon Pinard”
Judge
Certified true translation
Catherine Jones, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1071-10
STYLE OF CAUSE: FERENC LAKATOS, FERENCNE LAKATOS and SANDOS LAKATOS v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 15, 2010
REASONS FOR JUDGMENT
AND JUDGMENT: Pinard J.
DATED: October 4, 2010
APPEARANCES:
Patrizia Ruscio FOR THE APPLICANTS
Thi My Dung Tran FOR THE RESPONDENT
SOLICITORS OF RECORD:
Patrizia Ruscio FOR THE APPLICANTS
Montréal, Quebec
Myles J. Kirvan FOR THE RESPONDENT
Deputy Attorney General of Canada