Iqbal v. Canada (Minister of Citizenship and Immigration), 2004 FC 1323

                                                                                                                                   Date: 20041001

                                                                                                                        Docket: IMM-8429-03

                                                                                                                        Citation: 2004 FC 1323

BETWEEN:

                                                                  IQBAL Farhan

                                                                                                                                            Applicant

                                                                         - and -

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PINARD J.:

[1]         This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated October 8, 2003, wherein the Board found that the applicant was not a "Convention refugee" or a "person in need of protection" pursuant to sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

[2]         At the beginning of the hearing, counsel for the applicant sought leave orally to cease representing the applicant who, after having been made aware of today's hearing a few weeks ago, seemed to have disappeared and could no longer be reached. In the circumstances, as the applicant himself did not show up, I have dismissed the request and suggested that the matter be proceeded with. Counsel for the applicant then indicated they had no specific instructions and asked that the matter be decided on the faith of the record. For her part, counsel for the respondent sought immediate dismissal of the application for judicial review on the ground that the applicant had demonstrated an obvious lack of interest in his case. I agreed with the latter request.

[3]         Consequently, without blaming counsel for the applicant, the application for judicial review is dismissed.

       JUDGE

OTTAWA, ONTARIO

October 1, 2004

                                                               FEDERAL COURT

                                                       SOLICITORS OF RECORD

DOCKET:                                                        IMM-8429-03

STYLE OF CAUSE:                                         Farhan IQBAL v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                    Montréal, Quebec

DATE OF HEARING:                          September 1, 2004

REASONS FOR ORDER BY:                         PINARD J.

DATED:                                                            October 1, 2004

APPEARANCES:

Me Styliani Markaki                                          FOR THE APPLICANT

Me Marie Nicole Moreau                                  FOR THE RESPONDENT

SOLICITORS OF RECORD:

Styliani Markaki                                                FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                              FOR THE RESPONDENT

Deputy Attorney General of Canada

Montréal, Quebec