Date: 20040122
Docket: IMM-369-03
Citation: 2004 FC 97
Toronto, Ontario, January 22nd, 2004
Present: The Honourable Mr. Justice Lemieux
BETWEEN:
MIHALY TOTHI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This case on all fours with the case of Isufi v. Canada (Minister of Citizenship and Immigration) 2003 FC 880 decided by Justice Tremblay-Lamer which I find persuasive particularly because of her reliance on the Federal Court of Appeal's decision in Aquino v. Canada (Minister of Employment and Immigration) 1992 F.C.J. No. 509.
ORDER
THIS COURT ORDERS that this judicial review application is dismissed. Counsel for the parties may formulate a certified question January by 30th, 2004 with responding comments by February 4th, 2004.
"François Lemieux"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-369-03
STYLE OF CAUSE: MIHALY TOTHI
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JANUARY 22, 2004
REASONS FOR ORDER
AND ORDER BY: LEMIEUX, J.
DATED: JANUARY 22, 2004
APPEARANCES BY:
Ms. Wennie Lee For the Applicant
Ms. Bridget A. O'Leary For the Respondent
SOLICITORS OF RECORD:
Wennie Lee
Barrister and Solicitor
Toronto, Ontario For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada For the Respondent
FEDERAL COURT
Date: 20040122
Docket: IMM-369-03
BETWEEN:
MIHALY TOTHI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER