Wajaras v. Canada (Citizenship and Immigration)
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Wajaras v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2009-03-10 Neutral citation 2009 FC 252 File numbers IMM-2200-08 Decision Content Date: 20090310 Docket: IMM-2200-08 Citation: 2009 FC 252 Ottawa, Ontario, March 10, 2009 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: JAMES WAJARAS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Having reviewed the further submissions from the parties, I am prepared to certify a question in this proceeding but in a slightly modified form from those presented by Mr. Matas. I will certify the following question: Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on that basis? JUDGMENT THIS COURT ADJUDGES that the following question is certified: Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on…
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Wajaras v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2009-03-10 Neutral citation 2009 FC 252 File numbers IMM-2200-08 Decision Content Date: 20090310 Docket: IMM-2200-08 Citation: 2009 FC 252 Ottawa, Ontario, March 10, 2009 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: JAMES WAJARAS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Having reviewed the further submissions from the parties, I am prepared to certify a question in this proceeding but in a slightly modified form from those presented by Mr. Matas. I will certify the following question: Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on that basis? JUDGMENT THIS COURT ADJUDGES that the following question is certified: Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on that basis? “ R. L. Barnes ” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2200-08 STYLE OF CAUSE: Wajaras v. MCI PLACE OF HEARING: Winnipeg, MB DATE OF HEARING: January 12, 2009 REASONS FOR JUDGMENT AND JUDGMENT BY: Mr. Justice Barnes DATED: March 10, 2009 APPEARANCES: David Matas (204) 944-1831 Fax: (204) 942-1494 FOR THE APPLICANT Nalini Reddy (204) 983-3860 Fax: (204) 984-8495 FOR THE RESPONDENT SOLICITORS OF RECORD: David Matas Barrister and Solicitor Winnipeg, MB FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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2024 CAF 158