Cesar v. Canada (Citizenship and Immigration)

Cesar v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2024-10-29
Neutral citation
2024 FC 1716
File numbers
IMM-17689-24
Decision Content
Date: 20241029
Docket: IMM-17689-24
Citation: 2024 FC 1716
Toronto, Ontario, October 29, 2024
PRESENT: Mr. Justice Diner
BETWEEN:
ISHIMWE AIME CESAR
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS
[1] The Applicant has brought a motion, filed October 17, 2024, pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106, for an order that the Applicant’s Application for Leave and for Judicial Review [ALJR] proceed under the Simplified Procedure – Study Permit Pilot Project, which I received on the afternoon of October 25, 2024.
[2] The Federal Court’s Study Permit Pilot Project [Pilot], launched on October 1, 2024, includes a list of criteria which must be met in order to be considered for the pilot project. Specifically, the following two criteria must be met: (i) both parties must agree to opt in to the Pilot, and (ii) the proceeding cannot involve a complex matter (such as an issue of admissibility).
[3] In response to the first criterion, the Respondent does not agree to opt into the Pilot.
[4] In response to the second criterion, the Respondent correctly points out that the study permit refusal, which forms the basis of Mr. Cesar’s ALJR, raises an admissibility issue (under section 40(1)(a)) of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).
[5] Due to these two issues, this ALJR is therefore ineligible for consideration under the Pilot. I therefore leave aside a third issue, namely that this ALJR was served and filed on September 25, 2024, approximately a week prior to the October 1, 2024 commencement of the Pilot.
[6] The Respondent is also correct as to the Certified Tribunal Record [CTR]. In Immigration Matters, the CTR is only ordered if the Court intends on granting leave, by way of a production order.
[7] Finally, the Respondent requests directions on the Motion Record, and whether the Court will accept it as the Application Record. The Court declines to do so. The Motion Record that has been filed does not comply with the requirements of section 10(2) of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22 [Rules]. The Applicant is expected to serve and file an Applicant’s Record in the form and within the timelines set out in section 10(1) of the Rules.
ORDER in IMM-17689-24
THIS COURT ORDERS that the Applicant’s motion is dismissed.
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"Alan S. Diner"
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Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-17689-24
STYLE OF CAUSE:
ISHIMWE AIME CESAR v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MATTER CONSIDERED IN WRITING WITHOUT THE PERSONAL APPEARANCE OF THE PARTIES
ORDER and reasons:
DINER J.
DATED:
October 29, 2024
WRITTEN REPRESENTATIONS BY:
Ishimwe Aime Cesar
For The Applicant ON HIS OWN BEHALF
Alex Dalcourt
For The Respondent
SOLICITORS OF RECORD:
Attorney General of Canada Ottawa, Ontario
For The Respondent