Esmaeili-Tarki v. Canada (Minister of Citizenship and Immigration)
Court headnote
Esmaeili-Tarki v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-11-04 Neutral citation 2005 FC 1498 File numbers IMM-2907-04 Decision Content Date: 20051104 Docket: IMM-2907-04 Citation: 2005 FC 1498 Toronto, Ontario, November 4, 2005 PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE BETWEEN: MOHSEN ESMAEILI-TARKI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER RE: CERTIFICATION OF QUESTION AND ORDER [1] The respondent requested me to certify the following question: Where an applicant for admission to Canada has engaged in fundraising for a terrorist organization prior to coming to Canada, and where the Minister decides that the person's admission would be contrary to the national interest, can it be said that the decision is unsupported by any evidence? [2] The applicant opposes the certification of this question. [3] I have reviewed the submissions and I am of the view that the question cannot be certified. In order to certify a question, the question must be a serious question of general importance. In this case, I allowed the application for judicial review because there was no evidence in the record to support the Minister's decision. The issue does not transcend the particular case. The issue is peculiar to this particular case as it is a factual issue. The respondent has not raised a serious question of general importance that would be dispositive of the case (see DeBiance …
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Esmaeili-Tarki v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-11-04 Neutral citation 2005 FC 1498 File numbers IMM-2907-04 Decision Content Date: 20051104 Docket: IMM-2907-04 Citation: 2005 FC 1498 Toronto, Ontario, November 4, 2005 PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE BETWEEN: MOHSEN ESMAEILI-TARKI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER RE: CERTIFICATION OF QUESTION AND ORDER [1] The respondent requested me to certify the following question: Where an applicant for admission to Canada has engaged in fundraising for a terrorist organization prior to coming to Canada, and where the Minister decides that the person's admission would be contrary to the national interest, can it be said that the decision is unsupported by any evidence? [2] The applicant opposes the certification of this question. [3] I have reviewed the submissions and I am of the view that the question cannot be certified. In order to certify a question, the question must be a serious question of general importance. In this case, I allowed the application for judicial review because there was no evidence in the record to support the Minister's decision. The issue does not transcend the particular case. The issue is peculiar to this particular case as it is a factual issue. The respondent has not raised a serious question of general importance that would be dispositive of the case (see DeBiance v. Canada(Minister of Citizenship and Immigration), 2002 FCT 935, [2002] F.C.J. No. 1220 at paragraph 22). No question will be certified. ORDER IT IS ORDERED that: 1. The application for judicial review is allowed and the matter is referred back to the Minister for reconsideration. 2. No question will be certified. "John A. O'Keefe" JUDGE FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2907-04 STYLE OF CAUSE: MOHSEN ESMAEILI-TARKI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: FEBRUARY 22, 2005 REASONS FOR ORDER RE: CERTIFICATION OF QUESTION AND ORDER OF: O'KEEFE J. DATED: NOVEMBER 4, 2005 APPEARANCES: Douglas Lehrer FOR THE APPLICANT Kevin Lunney FOR THE RESPONDENT SOLICITORS OF RECORD: Vander Vennen Lehrer Toronto, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca