Segasayo v. Canada (Citizenship and Immigration)

Segasayo v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-11-04
Neutral citation
2010 FCA 296
File numbers
A-102-10
Decision Content
Date: 20101104
Docket: A-102-10
Citation: 2010 FCA 296
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
BETWEEN:
MAXIMIN SEGASAYO
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Hearing held at Montréal, Quebec, on November 4, 2010.
Judgment delivered from the bench at Montréal, Quebec, on November 4, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20101104
Docket: A-102-10
Citation: 2010 FCA 296
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
BETWEEN:
MAXIMIN SEGASAYO
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on November 4, 2010.)
NOËL J.A.
[1] The Federal Court Judge, on the basis of his own reasoning, was not required to determine the question that he certified in order to dispose of the application for judicial review, which explains why he made no determination. It follows that this question does not give rise to a right of appeal (see Varela v. Canada (Minister of Citizenship and Immigration), [2009] F.C.J. No. 549).
[2] Accordingly, the appeal will be dismissed.
“Marc Noël”
J.A.
Certified true translation
Francie Gow, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-102-10
(APPEAL FROM A DECISION OF THE FEDERAL COURT, DATED FEBRUARY 18, 2010, IN DOCKET IMM-3367-09)
STYLE OF CAUSE: MAXIMIN SEGASAYO v.
M.C.I.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 4, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
DELIVERED FROM THE BENCH: November 4, 2010
APPEARANCES:
Jacques Beauchemin
FOR THE APPELLANT
Michel Pépin
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jacques Beauchemin
FOR THE APPELLANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT