Huyuh v. Canada (Minister of Citizenship and Immigration)
Court headnote
Huyuh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 900 File numbers IMM-2135-01 Decision Content Date: 20010816 Docket: IMM-2135-01 Neutral citation: 2001 FCT 900 PRESENT: Peter A. K. Giles, Esquire Associate Senior Prothonotary BETWEEN: HOA THI THANH HUYUH Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P. [1] The applicant herein is the sponsor of a person who made a humanitarian and compassionate application from within Canada, which was refused. The respondent has moved to strike the application for leave for judicial review as the applicant has no standing. The applicant has moved to add the sponsored person, the applicant's husband, as a co-applicant or in the alternative, to substitute the sponsored person for the applicant in the application for leave. [2] It is stated in the original application for leave, that it was filed late and an extension had to be sought. There will be little advantage in substituting names as an extension of time has to be sought in the application for leave. The judge at hearing would not be subject to the confusion of a change from sponsor to sponsored even though all the original documents filed in this file would be required for a new file. I think on balance, there is no advantage to stretching the judicial review procedure by substituting an applicant. Therefore, the application will be st…
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Huyuh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 900 File numbers IMM-2135-01 Decision Content Date: 20010816 Docket: IMM-2135-01 Neutral citation: 2001 FCT 900 PRESENT: Peter A. K. Giles, Esquire Associate Senior Prothonotary BETWEEN: HOA THI THANH HUYUH Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P. [1] The applicant herein is the sponsor of a person who made a humanitarian and compassionate application from within Canada, which was refused. The respondent has moved to strike the application for leave for judicial review as the applicant has no standing. The applicant has moved to add the sponsored person, the applicant's husband, as a co-applicant or in the alternative, to substitute the sponsored person for the applicant in the application for leave. [2] It is stated in the original application for leave, that it was filed late and an extension had to be sought. There will be little advantage in substituting names as an extension of time has to be sought in the application for leave. The judge at hearing would not be subject to the confusion of a change from sponsor to sponsored even though all the original documents filed in this file would be required for a new file. I think on balance, there is no advantage to stretching the judicial review procedure by substituting an applicant. Therefore, the application will be struck out with the proviso that original documents may be removed from this file should they be required for any application for leave made by the sponsored husband. ORDER 1. The application for leave herein is struck out as the applicant has no standing. It is provided that the documents filed herein may be transferred to any other file where an application for leave is made by Truong Thu Truong. "Peter A.K. Giles" A.S.P. Toronto, Ontario August 16th , 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-2135-01 STYLE OF CAUSE: HOA THI THANH HUYUH Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER BY: GILES A.S.P. DATED: THURSDAY, AUGUST 16, 2001 WRITTEN SUBMISSIONS BY: Mr. Marvin Moses For the Applicant Ms. Amina Riaz For the Respondent SOLICITORS OF RECORD: Moses & Associates Barristers & Solicitors 480 University Avenue Toronto, Ontario M5G 1V2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010816 Docket:IMM-2135-01 Between: HOA THI THANH HUYUH Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca