Pujai v. Canada (Citizenship and Immigration)

Pujai v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-03-09
Neutral citation
2010 FC 268
File numbers
IMM-20-09
Decision Content
Federal Court
Cour fédérale
Date: 20100309
Docket: IMM-20-09
Citation: 2010 FC 268
Toronto, Ontario, March 9, 2010
PRESENT: The Honourable Mr. Justice Hughes
BETWEEN:
HARRY NARAINE PUJAI and
SHEILA PUJAI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Respondents
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is an application for judicial review of a decision of a PRRA Officer rejecting the Applicants’ application that they not be removed from Canada to Guyana.
[2] The only substantive ground raised by the Applicants is that there were additional materials in the nature of newspaper articles and the like and two letters from persons residing in their native village in Guyana that they gave to a former, unidentified, lawyer who for unexplained reasons, is said to have failed or neglected to put them to the PRRA Officer for consideration. It is alleged that such materials might have influenced the Officer to come to a different conclusion.
[3] I do not have any evidence from or on behalf of the former lawyer as to what transpired or if or why such documents were not submitted. There is ample jurisprudence to state that apparent failure or neglect by a former legal representative without more is insufficient ground for setting aside a decision upon a judicial review.
[4] In any event I have looked at the material alleged to not have been submitted, it is not so persuasive as to lead to a conclusion that it would have been probable that the PRRA Officer’s decision would have been favourable to the application.
[5] Simply to allege neglect of a former lawyer and submit material of the kind before me said to have been overlooked is insufficient ground for judicial review.
[6] No party requested certification.
JUDGMENT
FOR THE REASONS PROVIDED:
THIS COURT ORDERS AND ADJUDGES that;
1. The application is dismissed;
2. There is no question for certification;
3. No Order as to costs.
“Roger T. Hughes”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-20-09
STYLE OF CAUSE: HARRY NARAINE PUJAI and SHEILA PUJAI v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: March 9, 2010
REASONS FOR JUDGMENT
AND JUDGMENT: HUGHES J.
DATED: March 9, 2010
APPEARANCES:
Devinder Singh Bath
FOR THE APPLICANTS
Neal Samson
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Devinder Singh Bath
Toronto, Ontario
FOR THE APPLICANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENTS