Ali v. Canada (Citizenship and Immigration)

Ali v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-10-01
Neutral citation
2007 FCA 309
File numbers
A-570-06
Decision Content
Date: 20071001
Docket: A-570-06
Citation: 2007 FCA 309
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
VAHEED ALI
AKILA ALI
QALSOOM ALI
HARES ALI
Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on October 1, 2007.
Judgment delivered from the Bench at Toronto, on October 1, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20071001
Docket: A-570-06
Citation: 2007 FCA 309
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
VAHEED ALI
AKILA ALI
QALSOOM ALI
HARES ALI
Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 1, 2007)
SHARLOW J.A.
[1] The appellants are refugee claimants from Pakistan whose claims were rejected by the Refugee Protection Division (RPD). This application for judicial review was dismissed by Justice Gauthier (2006 FCA 1360). She certified a question relating to “Guideline 7” which has been rendered moot by Thamotharem v. Canada (Minister of Citizenship and Immigration) (2007 FCA 198) and Benitez v. Canada (Minister of Citizenship and Immigration) (2007 FCA 199).
[2] The only remaining issue raised by the appellant (which was mentioned for the first time in oral submissions at the hearing of this appeal) related to the RPD’s determination that there is adequate state protection for the appellants in Pakistan. Justice Gauthier reviewed the RPD’s reasons and the record, and found that determination to be reasonable. The record before us discloses no error of law or any other error on the part of Justice Gauthier that warrants the intervention of this Court.
[3] The appeal will be dismissed.
“K. Sharlow”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-570-06
STYLE OF CAUSE: VAHEED ALI, AKILA ALI, QALSOOM ALI, HARES ALI
Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: OCTOBER 1, 2007
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: (NADON, SEXTON & SHARLOW JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES BY:
MAX BERGER
FOR THE APPELLANTS
KAREENA WILDING
LINDA CHEN
FOR THE RESPONDENT
SOLICITORS OF RECORD:
MAX BERGER PROFESSIONAL LAW CORPORATION,
TORONTO
FOR THE APPELLANTS
JOHN H. SIMS, Q.C.
DEPUTY ATTORNEY GENERAL OF CANADA
FOR THE RESPONDENT