Bemba-Mayala v. Canada (Minister of Citizenship and Immigration), docket IMM-3776-99

Date: 20000906

Docket: IMM-3776-99

BETWEEN:

     MAGLOIRE BEMBA-MAYALA

     Plaintiff

     AND

MINISTER OF CITIZENSHIP

AND IMMIGRATION

     Defendant

     REASONS FOR ORDER AND ORDER

DENAULT J.

[1]      The submissions of counsel for the plaintiff, though very able, could not persuade the Court that it should intervene to quash this decision of an immigration counsellor which dismissed the application for a ministerial exemption of the plaintiff on humanitarian grounds. The plaintiff married a permanent resident in Canada and wished to be exempted from the obligation of filing his application at a Canadian office abroad.

[2]      In the case at bar, the analysis by the immigration counsellor¹ and the notes² which she took at the plaintiff's interview do not indicate that she failed to exercise procedural fairness in suspecting the bona fides of the marriage, especially after she communicated the information that the marriage had been contracted [TRANSLATION] "for immigration purposes" and that the plaintiff's wife had received $3,000, a fact which he did not deny.

[3]      The record also did not establish, despite the allegations of bias contained in the plaintiff's affidavit and the absence of any denial by the immigration counsellor, that her conduct was so wrongful as to amount to bias.

[4]      For these reasons, the application for judicial review is dismissed. There is no basis for certifying a serious question of general importance in the case at bar.

     ORDER

The application for judicial review is dismissed.

                             PIERRE DENAULT

                                     Judge

Montréal, Quebec

September 6, 2000

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.

     Federal Court of Canada

     Trial Division

     Date: 20000906

     Docket: IMM-3776-99

BETWEEN:

     MAGLOIRE BEMBA-MAYALA

     Plaintiff

     AND

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Defendant

     REASONS FOR ORDER

     AND ORDER

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FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE:                              IMM-3776-99

STYLE OF CAUSE:                      MAGLOIRE BEMBA-MAYALA

AND

MINISTER OF CITIZENSHIP

AND IMMIGRATION

PLACE OF HEARING:                  MONTRÉAL

DATE OF HEARING:                  SEPTEMBER 5, 2000

REASONS BY:                      DENAULT J.

DATED:                          SEPTEMBER 6, 2000

APPEARANCES:

Luc R. Desmarais                      FOR THE PLAINTIFF

Daniel Latulippe                      FOR THE DEFENDANT

SOLICITORS OF RECORD:

Luc R. Desmarais                      FOR THE PLAINTIFF

Morris Rosenberg                      FOR THE DEFENDANT

Deputy Attorney General of Canada

__________________

¹      Panel's Record (P.R.), pp. 5-6.

²      P.R., pp. 7 to 9.