Irtaf v. Canada (Minister of Citizenship and Immigration)
Court headnote
Irtaf v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-10 Neutral citation 2003 FCT 8 File numbers IMM-1782-02 Decision Content Date: 20030110 Docket: IMM-1782-02 Neutral Citation: 2003 FCT 8 Between: CHAUDARY MOHAMMAD IRTAF Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: The applicant seeks a mandamus order against the respondent to obtain a decision on his permanent residency application "within the next two months". At the time of this application for mandamus, the applicant had not yet received word from the respondent regarding his application for permanent residence. However, on October 2, 2002, permanent residence status was granted to the applicant. Because the applicant's application for permanent residence has been approved, there is no longer a reason to hear this case. Applying the two-step test described in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, firstly, the required tangible and concrete dispute has disappeared and the issues have become academic. Secondly, there is no reason for the Court to exercise its discretion to hear the case. Consequently, the application for mandamus is dismissed. I agree with counsel for the respondent that in the circumstances, the applicant could and should have instructed his counsel to serve and file a Notice of Discontinuance of this application for mandamus in order to prevent the hearing of a moot…
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Irtaf v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-10 Neutral citation 2003 FCT 8 File numbers IMM-1782-02 Decision Content Date: 20030110 Docket: IMM-1782-02 Neutral Citation: 2003 FCT 8 Between: CHAUDARY MOHAMMAD IRTAF Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: The applicant seeks a mandamus order against the respondent to obtain a decision on his permanent residency application "within the next two months". At the time of this application for mandamus, the applicant had not yet received word from the respondent regarding his application for permanent residence. However, on October 2, 2002, permanent residence status was granted to the applicant. Because the applicant's application for permanent residence has been approved, there is no longer a reason to hear this case. Applying the two-step test described in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, firstly, the required tangible and concrete dispute has disappeared and the issues have become academic. Secondly, there is no reason for the Court to exercise its discretion to hear the case. Consequently, the application for mandamus is dismissed. I agree with counsel for the respondent that in the circumstances, the applicant could and should have instructed his counsel to serve and file a Notice of Discontinuance of this application for mandamus in order to prevent the hearing of a moot case. For these special reasons, costs in the amount of two hundred dollars ($200.00) are adjudicated against the applicant, in favour of the respondent. JUDGE OTTAWA, ONTARIO January 10, 2003 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-1782-02 STYLE OF CAUSE: CHAUDARY MOHAMMAD IRTAF v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 21, 2002 REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD DATED: January 10, 2003 APPEARANCES: Me Styliani Markaki FOR THE APPLICANT Me Michel Synnott FOR THE RESPONDENT SOLICITORS OF RECORD: Styliani Markaki FOR THE APPLICANT Avocate Montreal Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca