Duitama Gomez v. Canada (Public Safety and Emergency Preparedness)

Duitama Gomez v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database
Federal Court Decisions
Date
2010-06-16
Neutral citation
2010 FC 657
File numbers
IMM-1724-09
Decision Content
Federal Court
Cour fédérale
Date: 20100616
Docket: IMM-1724-09
Citation: 2010 FC 657
Ottawa, Ontario, June 16, 2010
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN:
Deisy Julieth DUITAMA GOMEZ, Edison Giovanni AMORTEGUI,
Daniel Alejandro AMORTEGUI DUITAMA, and Laura Sofia AMORTEGUI
Applicants
and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondents
SUPPELEMENTARY REASONS FOR JUDGMENT AND JUDGMENT
[1] I issued Reasons for Judgment in this application on June 1, 2010: 2010 FC 593. The parties were permitted an opportunity to propose a question for certification. The applicants have proposed the following question: “Is the denial of a risk assessment of individuals seeking protection, where there has been no previous risk assessment, a violation of the principle of non-refoulement, and therefore, a violation of the Charter and international law?”
[2] The test for certifying a question is whether there is “a serious question of general importance which would be dispositive of an appeal": Zazai v. Canada (Minister of Citizenship and Immigration), 2004 FCA 89, at para. 11. The proposed question is a serious question of general importance, but it is not dispositive of an appeal. The dispositive finding was that the application, as constituted, was not justiciable because it did not fall within the scope of section 18.1 of the Federal Courts Act. In the alternative, the application was held to be moot and I refused to exercise my discretion to hear the matter on its merits. The merits of the application, which is what the proposed question addresses, were never discussed because the application was not within the scope of the Court's jurisdiction and it was moot.
[3] No question is certified.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that:
1. This application for judicial review is dismissed; and
2. No question is certified.
"Russel W. Zinn"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1724-09
STYLE OF CAUSE: DEISY JULIETH DUITAMA GOMEZ ET AL v.
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS and THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATES OF HEARING: February 24, 2010
SUPPLEMENTARY REASONS
FOR JUDGMENT AND
JUDGMENT: ZINN J.
DATED: June 16, 2010
APPEARANCES:
Lina Anani
Pamila Bhardwaj
FOR THE APPLICANTS
Gregory George
Alex Kam
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
LINA ANANI
Barrister and Solicitor
Toronto, Ontario
FOR THE APPLICANTS
MYLES KIRVAN
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENTS