Mata Aldana v. Canada (Citizenship and Immigration)

Mata Aldana v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-05-07
Neutral citation
2008 FCA 176
File numbers
A-394-07
Decision Content
Date: 20080507
Docket: A-394-07
Citation: 2008 FCA 176
CORAM: LINDEN J.A.
NOËL J.A.
RYER J.A.
BETWEEN:
LUIS MATA ALDANA
and DIANA GALLEGO OCAMPO
Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on May 7, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on May 7, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20080507
Docket: A-394-07
Citation: 2008 FCA 176
CORAM: LINDEN J.A.
NOËL J.A.
RYER J.A.
BETWEEN:
LUIS MATA ALDANA
and DIANA GALLEGO OCAMPO
Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 7, 2008)
NOËL J.A.
[1] In the absence of a certified question, this Court is without jurisdiction to hear the appeal. In particular, it has not been shown that Dawson J. (the “applications judge”) declined to exercise her jurisdiction (Subhaschandran v. Canada (Solicitor General), [2005] F.C.J. No. 107 (QL) (F.C.A.); Lazareva v. Canada (Minister of Citizenship and Immigration), 2005 FCA 181).
[2] Although counsel for the appellant raised a number of arguments in support of his contention that the applications judge refused to exercise her jurisdiction, only one needs be addressed.
[3] Counsel contends that the applications judge refused to exercise jurisdiction by granting the main relief sought without dealing with the ancillary issues that were set out in his application for leave. However, an order granting leave to commence an application does not entitle the successful party to have the Federal Court deal with each and every issue raised in support of the leave when disposing of the judicial review application. What is in issue once leave is granted is the validity of the decision with respect to which leave is granted. Having concluded that the decision under review should be set aside for the reasons that she gave, the applications judge had no obligation to go any further. No refusal to exercise jurisdiction has been established in this case.
[4] The appeal will be dismissed with costs.
“Marc Noël”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-394-07
(APPEAL FROM AN ORDER OF THE HONOURABLE MADAM JUSTICE DAWSON DATED AUGUST 14, 2007, IN FEDERAL COURT FILE NO. IMM-602-07.)
STYLE OF CAUSE: Luis Mata Aldana and Diana Gallego Ocampo v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: May 7, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NOËL, RYER JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
Rocco Galati
FOR THE APPELLANTS
Lorne McClenaghan
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Rocco Galati Law Firm
Professional Corporation
Toronto, Ontario
FOR THE APPELLANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT