Solmaz v. Canada (Public Safety and Emergency Preparedness)
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Solmaz v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2007-06-06 Neutral citation 2007 FC 607 File numbers IMM-4132-06 Decision Content Date: 20070606 Docket: IMM-4132-06 Citation: 2007 FC 607 Toronto, Ontario, June 6, 2007 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR SOLMAZ, FATIH SOLMAZ (by his litigation guardian, NUREDDIN SOLMA) and KUBRA SOLMAZ (by her litigation guardian, NUREDDINSOLMAZ) Applicants and THE MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This Application having come before the Court for argument on June 6, 2007, and upon hearing counsel for the parties. JUDGMENT THIS COURT ORDERS AND ADJUDGES that this application is dismissed for the following reasons: 1. This application arises out of an administrative decision refusing to defer the removal of the Applicants from Canada made in July of 2006. That decision was stayed by Order of this Court on August 2, 2006. By the time this application came before the Court, the serious issues identified in the stay decision were, in practical terms, academic. This case is on all fours with the decision of Justice Frederick Gibson in Higgins v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] F.C.J. No. 516, 2007 FC 377 where a similar application was dismissed on the ground of mootness. I would resolve this application on the same basis. “R.L. Barn…
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Solmaz v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2007-06-06 Neutral citation 2007 FC 607 File numbers IMM-4132-06 Decision Content Date: 20070606 Docket: IMM-4132-06 Citation: 2007 FC 607 Toronto, Ontario, June 6, 2007 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR SOLMAZ, FATIH SOLMAZ (by his litigation guardian, NUREDDIN SOLMA) and KUBRA SOLMAZ (by her litigation guardian, NUREDDINSOLMAZ) Applicants and THE MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This Application having come before the Court for argument on June 6, 2007, and upon hearing counsel for the parties. JUDGMENT THIS COURT ORDERS AND ADJUDGES that this application is dismissed for the following reasons: 1. This application arises out of an administrative decision refusing to defer the removal of the Applicants from Canada made in July of 2006. That decision was stayed by Order of this Court on August 2, 2006. By the time this application came before the Court, the serious issues identified in the stay decision were, in practical terms, academic. This case is on all fours with the decision of Justice Frederick Gibson in Higgins v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] F.C.J. No. 516, 2007 FC 377 where a similar application was dismissed on the ground of mootness. I would resolve this application on the same basis. “R.L. Barnes” Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4132-06 STYLE OF CAUSE: NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR SOLMAZ, FATIH SOLMAZ (by his litigation guardian, NUREDDIN SOLMA) and KUBRA SOLMAZ (by her litigation guardian, NUREDDINSOLMAZ) v. THE MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: June 6, 2007 REASONS FOR JUDGMENT AND JUDGMENT: BARNES J. DATED: June 6, 2007 APPEARANCES: Hadayt Nazami For the ApplicantS Michael Butterfield For the Respondent SOLICITORS OF RECORD: Hadayt Nazami Jackman & Associates Barrister & Solicitor Toronto, ON For the ApplicantS John H. Sims, Q.C. Deputy Attorney General of Canada For the Respondent
Source: decisions.fct-cf.gc.ca
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