Singh v. Canada (Citizenship and Immigration)

Singh v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2008-03-03
Neutral citation
2008 FC 287
File numbers
IMM-2395-07
Decision Content
Date: 20080303
Docket: IMM-2395-07
Citation: 2008 FC 287
Toronto, Ontario, March 3, 2008
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
YADVINDER SINGH TOOR
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present Application concerns a Visa Officer’s rejection of Mr. Singh’s application for a visitor’s visa. Mr. Toor, the Applicant, is Mr. Singh’s cousin.
[2] Mr. Singh’s application for the visa was based on his wish to be present at a special family function to be held in Toronto mid-June 2007. The visa application was made on May 14, 2007 resulting in a rejection dated May 15, 2007. The present Application contesting this rejection was filed on June 14, 2007, and has resulted in a hearing scheduled for this date.
[3] In my opinion, since the principal purpose of Mr. Singh’s proposed visit to Canada has lapsed, and this is the purpose at the centre of the negative decision rendered, the question is whether there exists a live controversy which would warrant proceeding with the judicial review rather than dismissing the Application for mootness (Borowski v. Canada (Attorney General, [1989] 1 S.C.R. 342).
[4] The Applicant argues that the Visa Officer’s decision is made in reviewable error because the finding that Mr. Singh has “low income and savings” is in conflict with an accountant’s statement that his net worth is some $200,000CAN (Tribunal Record, p.44). I agree that there is an apparent conflict between the finding and the evidence. However, I do not find that this fact constitutes a live controversy which compels me to exercise my discretion on judicial review. Mr. Singh has the option to make a further application for a visitor’s visa, and is certainly at liberty to point out the conflict as described and to argue that, unlike the decision under review, his application warrants a positive outcome.
[5] As I choose not to exercise my discretion of the reason mentioned, I make no determination as to whether Mr. Toor has standing to bring the present Application.
ORDER
Accordingly, I dismiss the present Application for mootness.
“Douglas R. Campbell”
Judge
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2395-07
STYLE OF CAUSE: YADVINDER SINGH TOOR v. MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: March 3, 2008
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: March 3, 2008
APPEARANCES:
YADVINDER SINGH TOOR
FOR THE APPLICANT (Self-Represented)
BRAD GOTKIN
FOR THE RESPONDENT
SOLICITORS OF RECORD:
TOOR LAW OFFICE
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT (Self-Represented)
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT