Date: 20060830
Docket: IMM-1876-04
Citation: 2006
FC 1044
Montréal, Quebec, August 30, 2006
PRESENT: Richard Morneau, Esq., Prothonotary
BETWEEN:
MAKRAM
MOHAMED ELKEBTI
Applicant
and
MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1]
CONSIDERING this motion by the Applicant, who is self-represented, for
an order putting under confidential seal the decision rendered by this Court on
November 18, 2004 whereby the Court rejected a judicial review application
brought by the Applicant;
[2]
CONSIDERING that the sole and essential allegation raised by the
Applicant is contained in his notice of motion – and not in an affidavit – and
is in the nature of a bald allegation that the availability of the said Court
decision on the internet puts his life and that of his family in jeopardy;
[3]
CONSIDERING that aside from the fact that such an allegation does not
establish in evidence a serious, real and substantial risk, the decision of
this Court of November 18, 2004 has now been in the public domain for almost
two years, and therefore it would be most inappropriate to put it now under
seal all against the open court public interest which has prevailed, rightly
so, at all relevant times and which was deemed to be known by the Applicant
despite his assertion to the contrary in his affidavit;
[4]
CONSEQUENTLY, this motion by the Applicant is denied, without costs.
[5]
These Reasons for Order and Order are applicable mutatis mutandis
to file IMM-1877-04.
“Richard
Morneau”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1876-04
STYLE OF CAUSE: MAKRAM
MOHAMED ELKEBTI
and
MINISTER
OF CITIZENSHIP AND IMMIGRATION
PLACE OF
HEARING: Montréal, Quebec
DATE OF
HEARING: August
28, 2006
REASONS FOR ORDER: MORNEAU P.
DATED: August
30, 2006
APPEARANCES:
|
Makram Mohamed
Elkebti
|
FOR THE APPLICANT
|
|
Evan Liosis
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
|
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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