Ishaq v. Canada (Minister of Citizenship & Immigration)
Court headnote
Ishaq v. Canada (Minister of Citizenship & Immigration) Court (s) Database Federal Court Decisions Date 2001-08-14 Neutral citation 2001 FCT 892 File numbers IMM-258-01 Decision Content Date: 20010814 Docket: IMM-258-01 Neutral citation: 2001 FCT 892 BETWEEN: MOHAMMED AZAD ISHAQ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER (Delivered Orally from the Bench at Calgary, Alberta, on Tuesday, August 14, 2001) LEMIEUX, J. [1] The applicant's argument, based on Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, is that the duty of fairness requires that reasons for decision be given contemporaneously with the decision in this case the refusal of his H & C application. Such a proposition was specifically rejected in Fonseka v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 1688. I agree with Justice Rothstein's (acting ex officio) views expressed in that case. [2] In terms of applications to this Court, no prejudice befalls an applicant who does not have contemporary reasons with the decision for which leave is sought. An applicant is not required to perfect an application for leave until 30 days of the receipt of reasons or notice of no reasons (See subsection 10 (1) of the Federal Court Immigration Rules, 1993 (the Rules). If leave is granted, an applicant has an opportunity to file an additional affidavit and memorandum (See subsection 15 (1) of the Rules). [3] This judicial review is di…
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Ishaq v. Canada (Minister of Citizenship & Immigration) Court (s) Database Federal Court Decisions Date 2001-08-14 Neutral citation 2001 FCT 892 File numbers IMM-258-01 Decision Content Date: 20010814 Docket: IMM-258-01 Neutral citation: 2001 FCT 892 BETWEEN: MOHAMMED AZAD ISHAQ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER (Delivered Orally from the Bench at Calgary, Alberta, on Tuesday, August 14, 2001) LEMIEUX, J. [1] The applicant's argument, based on Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, is that the duty of fairness requires that reasons for decision be given contemporaneously with the decision in this case the refusal of his H & C application. Such a proposition was specifically rejected in Fonseka v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 1688. I agree with Justice Rothstein's (acting ex officio) views expressed in that case. [2] In terms of applications to this Court, no prejudice befalls an applicant who does not have contemporary reasons with the decision for which leave is sought. An applicant is not required to perfect an application for leave until 30 days of the receipt of reasons or notice of no reasons (See subsection 10 (1) of the Federal Court Immigration Rules, 1993 (the Rules). If leave is granted, an applicant has an opportunity to file an additional affidavit and memorandum (See subsection 15 (1) of the Rules). [3] This judicial review is dismissed. No certified question was proposed. "François Lemieux" JUDGE Calgary, Alberta August 14, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20010814 Docket: IMM-258-01 BETWEEN: MOHAMMED AZAD ISHAQ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-258-01 STYLE OF CAUSE: MOHAMMED AZAD ISHAQ v. MCI PLACE OF HEARING: Calgary, Alberta DATE OF HEARING: August 14, 2001 REASONS FOR ORDER OF LEMIEUX, J. DATED: August 14, 2001 APPEARANCES: Mr. Jaswant Mangat FOR APPLICANT Ms. Tracy King FOR RESPONDENT SOLICITORS OF RECORD: Mangat & Company Calgary, Alberta FOR APPLICANT Morris Rosenberg Deputy Attorney General of Canada FOR RESPONDENT Date: 20010814 Docket: IMM-258-01 CALGARY, Alberta, Tuesday, the 14th day of August, 2001. Present: THE HONOURABLE MR. JUSTICE LEMIEUX BETWEEN: MOHAMMED AZAD ISHAQ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER This judicial review application is dismissed. No certified question was proposed. "François Lemieux" JUDGE
Source: decisions.fct-cf.gc.ca