Elkebti v. Canada (Minister of Citizenship and Immigration)
Court headnote
Elkebti v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2006-08-30 Neutral citation 2006 FC 1044 File numbers IMM-1876-04 Decision Content Date: 20060830 Docket: IMM-1876-04 Citation: 2006 FC 1044 Montréal, Quebec, August 30, 2006 PRESENT: Richard Morneau, Esq., Prothonotary BETWEEN: MAKRAM MOHAMED ELKEBTI Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] CONSIDERING this motion by the Applicant, who is self-represented, for an order putting under confidential seal the decision rendered by this Court on November 18, 2004 whereby the Court rejected a judicial review application brought by the Applicant; [2] CONSIDERING that the sole and essential allegation raised by the Applicant is contained in his notice of motion – and not in an affidavit – and is in the nature of a bald allegation that the availability of the said Court decision on the internet puts his life and that of his family in jeopardy; [3] CONSIDERING that aside from the fact that such an allegation does not establish in evidence a serious, real and substantial risk, the decision of this Court of November 18, 2004 has now been in the public domain for almost two years, and therefore it would be most inappropriate to put it now under seal all against the open court public interest which has prevailed, rightly so, at all relevant times and which was deemed to be known by the Applicant despite his assertion to the contr…
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Elkebti v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2006-08-30 Neutral citation 2006 FC 1044 File numbers IMM-1876-04 Decision Content Date: 20060830 Docket: IMM-1876-04 Citation: 2006 FC 1044 Montréal, Quebec, August 30, 2006 PRESENT: Richard Morneau, Esq., Prothonotary BETWEEN: MAKRAM MOHAMED ELKEBTI Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] CONSIDERING this motion by the Applicant, who is self-represented, for an order putting under confidential seal the decision rendered by this Court on November 18, 2004 whereby the Court rejected a judicial review application brought by the Applicant; [2] CONSIDERING that the sole and essential allegation raised by the Applicant is contained in his notice of motion – and not in an affidavit – and is in the nature of a bald allegation that the availability of the said Court decision on the internet puts his life and that of his family in jeopardy; [3] CONSIDERING that aside from the fact that such an allegation does not establish in evidence a serious, real and substantial risk, the decision of this Court of November 18, 2004 has now been in the public domain for almost two years, and therefore it would be most inappropriate to put it now under seal all against the open court public interest which has prevailed, rightly so, at all relevant times and which was deemed to be known by the Applicant despite his assertion to the contrary in his affidavit; [4] CONSEQUENTLY, this motion by the Applicant is denied, without costs. [5] These Reasons for Order and Order are applicable mutatis mutandis to file IMM-1877-04. “Richard Morneau” Prothonotary FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1876-04 STYLE OF CAUSE: MAKRAM MOHAMED ELKEBTI and MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: August 28, 2006 REASONS FOR ORDER: MORNEAU P. DATED: August 30, 2006 APPEARANCES: Makram Mohamed Elkebti FOR THE APPLICANT Evan Liosis FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca