Canada (Citizenship and Immigration) v. Nuru

Canada (Citizenship and Immigration) v. Nuru
Court (s) Database
Federal Court Decisions
Date
2007-10-16
Neutral citation
2007 FC 1053
File numbers
IMM-3104-06
Decision Content
Date: 20071016
Docket: IMM-3104-06
Citation: 2007 FC 1053
Ottawa, Ontario, October 16, 2007
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant(s)
and
BUSHRA AHMEDIN NURU, ZEMZEM ABDULAZIZ SAID
(a.k.a. ZEMZEM ABDULAZI SAID), FAIZA BUSHRA NURU,
REHAM BUSHRA NURU, RANIA BUSHRA NURU,
REDWAN BUSHRA NURU, ABDULAZIZ BUSHRA NURU
(a.k.a. ABDULAZIZ BUSHR NURU, REEMA BUSHRA NURU)
Respondent(s)
SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT
[1] Counsel for the Respondents has requested that the Judgment in this proceeding be amended pursuant to Rule 397(1)(a) of the Federal Courts Rules to ensure that it conforms with the reasons given for it. The Applicant has not taken any position with respect to this request. I am satisfied that this is an appropriate situation to make such an amendment.
[2] When this matter was argued, the Applicant sought relief only with respect to the Respondent, Bushra Ahmedin Nuru. Counsel for the Applicant did not challenge the Board’s decision granting protection to the other Respondents. This was reflected in my reasons at para. 3:
The Minister' s challenge to the Board's decision concerns only the granting of refugee protection to the principal claimant, Bushra Ahmedin Nuru. No claim is asserted by the Minister against the remaining Respondents.
[3] To ensure that there is no confusion with respect to the limited nature of the relief granted, the Judgment of the Court will be amended as follows:
THIS COURT ADJUDGES that this application for judicial review is allowed with respect to the Respondent, Bushra Ahmedin Nuru, with his claim to be redetermined on the merits by a differently constituted panel of the Board.
THIS COURT FURTHER ADJUDGES that this application for judicial review is dismissed with respect to the other named Respondents.
“ R. L. Barnes ”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3104-06
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION
v.
BUSHRA AHMEDIN NURU ET AL
PLACE OF HEARING: TORONTO
DATE OF HEARING: 11-SEPT-2007
REASONS FOR JUDGMENT
AND JUDGMENT: BARNES J.
DATED: October 16, 2007
APPEARANCES:
Gordon Lee
FOR THE APPLICANT(S)
Angus Grant
FOR THE RESPONDENT(S)
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE APPLICANT(S)
Law Office of Catherine Bruce
Toronto, Ontario
FOR THE RESPONDENT(S)