Ismail v. Canada (Minister of Citizenship and Immigration)

Ismail v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2006-09-20
Neutral citation
2006 FC 1126
File numbers
IMM-5108-05
Decision Content
Date: 20060920
Docket: IMM-5108-05
Citation: 2006 FC 1126
Ottawa, Ontario, September 20, 2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
WAFFA AZIZ ISMAIL
SAMIR ABDULHADI ABBAS
MURAD SAMIR ABDULHADI ABBAS
AWS SAMIR ABDULHADI ABBAS
MANAR S. ABDULHADI
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The Applicants have brought a motion under Rules 397(1) and 399(2)(a) of the Federal Courts Rules in which they point out errors in the Reasons for Judgment of a clerical nature and further seek to vary the Judgment because of a substantive matter which arose subsequent to the rendering of the Judgment.
[2] The clerical errors in the Reasons have been corrected but they have no effect on the disposition of the judicial review.
[3] As to the substantive matter, the Applicants say that they have now learned that it was the policy of Citizenship and Immigration Canada that copies of all documents submitted to support a visa application to the Canadian visa office in Ankara, Turkey required certification by a notary.
[4] The Applicants argue that the translation of the Ministry of Defence pass submitted by them to the visa office was not a notarized copy, which they claim would require translation from Arabic to Turkish to English. They say that this failure to have notarized documents explains the error in translation which, in the documents submitted to the Canadian visa office in Ankara, referred to Mr. Abbas as a Brigadier General.
[5] The matter of the government’s policy of notarized documents is not a new matter or new evidence; the issue of translation was front and centre in this judicial review. It is a new argument but is not one which could not have been discovered with due diligence. The policy was a matter of public record in existence at the time of the Applicants’ judicial review.
[6] Had the matter of the policy been raised, I cannot see how it would have been probable that there would have been a different original order.
[7] As indicated in the Reasons, the Court could not conclude that the new translation, which the Applicants then tried to use to establish Mr. Abbas’ lower rank of Brigadier, was conclusive as to his rank. This is so in the face of other evidence consistent with his holding the more senior rank of Brigadier-General. The issue before the Court was whether the visa officer’s decision was reasonable. The debate over which translation is correct does not assist the Applicants in showing “unreasonableness”.
[8] In my view, there are insufficient grounds to set aside or vary the original Judgment.
[9] The motion is dismissed.
ORDER
IT IS ORDERED THAT this motion is dismissed.
“Michael L. Phelan”
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5108-05
STYLE OF CAUSE: WAFFA AZIZ ISMAIL,
SAMIR ABDULHADI ABBAS,
MURAD SAMIR ABDULHADI ABBAS,
AWS SAMIR ABDULHADI ABBAS,
MANAR S. ABDULHADI
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE AND
DATE OF HEARING: Motion made in writing under Rules 397(1)
and 399(2)(a)
REASONS FOR JUDGMENT
AND JUDGMENT: Phelan J.
DATED: September 20, 2006
APPEARANCES:
Mr. Umesh I. Vyas
FOR THE APPLICANTS
Mr. Rick Garvin
FOR THE RESPONDENT
SOLICITORS OF RECORD:
UMESH VYAS LAW OFFICE
Barristers & Solicitors
Calgary, Alberta
FOR THE APPLICANTS
MR. JOHN H. SIMS, Q.C.
Deputy Attorney General of Canada
Edmonton, Alberta
FOR THE RESPONDENT