Evans v. Canada (Citizenship and Immigration)

Evans v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2008-04-23
Neutral citation
2008 FC 529
File numbers
IMM-3838-07
Decision Content
Date: 20080423
Docket: IMM-3838-07
Citation: 2008 FC 529
Toronto, Ontario, April 23, 2008
PRESENT: The Honourable Mr. Justice Beaudry
BETWEEN:
TREVOR NICHOLAS EVANS
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is an application for judicial review of a decision of Refugee Protection Division of the Immigration and Refugee Board (the Board), pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act), in which the Board found that the applicant, Mr. Trevor Nicholas Evans, is neither a Convention refugee nor a person in need of protection.
[2] On April 22, 2008 (hearing date) the Court received a letter from the applicant's lawyer. The content of that letter is as follows:
"We would like to inform you that we tried to contact our Client many times and he did not respond back to us. We do not have any idea about Mr. Evans whereabouts, therefore in the absence of our Client we are unable to receive any instructions from our Client to proceed with this hearing.
In light of the above we request you to please remove my name as counsel for this file. I am sorry to bring this notice at the last moment but I have no choice without the instruction of my client I cannot proceed any further."
[3] The Court grants Mr. Winchie's request, his name shall be removed as counsel in the file.
[4] The applicant’s application for judicial review is dismissed. In any event, the Court analyzed and considered the applicant’s written submissions and fails to see any grounds upon which it can review the Board's decision. The applicant seeks a re-evaluation of the facts, which is not the role of this Court.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that the application is dismissed.
“Michel Beaudry”
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3838-07
STYLE OF CAUSE: TREVOR NICHOLAS EVANS
and THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: April 22, 2008
REASONS FOR JUDGMENT
AND JUDGMENT: Beaudry J.
DATED: April 23, 2008
APPEARANCES:
Stephen Winchie FOR THE APPLICANT
Jennifer Dagsvik FOR THE RESPONDENT
SOLICITORS OF RECORD:
Law Offices of Stephen L. Winchie FOR THE APPLICANT
Toronto, Ontario
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada
Toronto, Ontario