Tiky v. Canada (Minister of Citizenship and Immigration)
Court headnote
Tiky v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2005-12-13 Neutral citation 2005 FCA 426 File numbers A-254-05 Decision Content Date: 20051213 Docket: A-254-05 Citation: 2005 FCA 426 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: ANBESSIE DEBELE TIKY Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario, on December 13, 2005. Judgment delivered from the Bench at Toronto, Ontario, on December 13, 2005. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20051213 Docket: A-254-05 Citation: 2005 FCA 426 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: ANBESSIE DEBELE TIKY Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 13, 2005) DÉCARY J.A. [1] We have not been persuaded that Mr. Justice Pinard made any reviewable error in finding that the Immigration Appeal Division had correctly determined that it did not have jurisdiction to hear an appeal of a deportation order by a foreign national who is a protected person and who has been found to be inadmissible for having violated human or international rights. [2] The appeal will be dismissed and the certified question will be answered in the negative. This is not a case where, pursuant to Rule 22 of the Federal Court Immigration and Refugee Protection Rules, there are special reasons to allow costs. "Robert…
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Tiky v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2005-12-13 Neutral citation 2005 FCA 426 File numbers A-254-05 Decision Content Date: 20051213 Docket: A-254-05 Citation: 2005 FCA 426 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: ANBESSIE DEBELE TIKY Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario, on December 13, 2005. Judgment delivered from the Bench at Toronto, Ontario, on December 13, 2005. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20051213 Docket: A-254-05 Citation: 2005 FCA 426 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: ANBESSIE DEBELE TIKY Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 13, 2005) DÉCARY J.A. [1] We have not been persuaded that Mr. Justice Pinard made any reviewable error in finding that the Immigration Appeal Division had correctly determined that it did not have jurisdiction to hear an appeal of a deportation order by a foreign national who is a protected person and who has been found to be inadmissible for having violated human or international rights. [2] The appeal will be dismissed and the certified question will be answered in the negative. This is not a case where, pursuant to Rule 22 of the Federal Court Immigration and Refugee Protection Rules, there are special reasons to allow costs. "Robert Décary" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-254-05 STYLE OF CAUSE: ANBESSIE DEBELE TIKY Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 13, 2005 REASONS FOR JUDGMENT OF THE COURT BY: (DÉCARY, SEXTON & EVANS JJ.A.) DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: Michael Crane FOR THE APPELLANT Claire LeRiche Neeta Logsetty FOR THE RESPONDENT SOLICITORS OF RECORD: Michael Crane Barrister and Solicitor Toronto, Ontario FOR THE APPELLANT John H. Sims Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca