Sivasubramaniam v. Canada (Citizenship and Immigration)

Sivasubramaniam v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2024-05-14
Neutral citation
2024 FC 734
File numbers
IMM-3625-24
Decision Content
Date: 20240514
Docket: IMM-3625-24
Citation: 2024 FC 734
Ottawa, Ontario, May 14, 2024
PRESENT: Mr. Justice Pentney
BETWEEN:
SUREN SIVASUBRAMANIAM
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondents
JUDGMENT AND REASONS
UPON MOTION made by the respondent in writing and without personal appearance, pursuant to Rule 369 of the Federal Courts Rules, for an order:
1. Amending the style of cause in this matter to add the Minister of Public Safety and Emergency Preparedness as a party Respondent;
2. Granting the application for leave and for judicial review, and quashing the exclusion order dated February 21, 2024, on the basis that the exclusion order is unreasonable because Immigration, Refugees and Citizenship Canada made a procedural error in the administrative withdrawal of the Applicant’s visitor record application dated July 6, 2023;
3. That no costs be awarded to either party.
AND UPON reading the materials filed;
AND UPON considering the consent of the parties to the relief sought;
JUDGMENT in IMM-3625-24
THIS COURT’S JUDGMENT is that:
The style of cause is amended, with immediate effect, to add the Minister of Public Safety and Emergency Preparedness as a Respondent. The Applicant’s application for leave and for judicial review is allowed. The exclusion order dated February 21, 2024 is quashed. No costs are awarded to either party.
"William F. Pentney"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
Docket:
IMM-3625-24
STYLE OF CAUSE:
SUREN SIVASUBRAMANIAM v THE MINISTER OF CITIZENSHIP AND IMMIGRATION and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES
JUDGMENT AND REASONS:
PENTNEY J.
DATED:
MAY 14, 2024
WRITTEN REPRESENTATIONS BY:
Jeremiah Eastman
For The Applicant
Kareena Wilding
For The Respondent
SOLICITORS OF RECORD:
Eastman Immigration Law Office
Oakville, Ontario
FOR THE APPLICANT
Attorney General of Canada Toronto, Ontario
For The Respondent