Canada (Citizenship and Immigration) v. Nuru, 2007 FC 1053

Date: 20071016

Docket: IMM-3104-06

Citation: 2007 FC 1053

Ottawa, Ontario, October 16, 2007

PRESENT:     The Honourable Mr. Justice Barnes

BETWEEN:

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Applicant(s)

and

BUSHRA AHMEDIN NURU, ZEMZEM ABDULAZIZ SAID

(a.k.a. ZEMZEM ABDULAZI SAID), FAIZA BUSHRA NURU,

REHAM BUSHRA NURU, RANIA BUSHRA NURU,

REDWAN BUSHRA NURU, ABDULAZIZ BUSHRA NURU

(a.k.a. ABDULAZIZ BUSHR NURU, REEMA BUSHRA NURU)

Respondent(s)

SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT

[1]               Counsel for the Respondents has requested that the Judgment in this proceeding be amended pursuant to Rule 397(1)(a) of the Federal Courts Rules to ensure that it conforms with the reasons given for it.  The Applicant has not taken any position with respect to this request.  I am satisfied that this is an appropriate situation to make such an amendment. 

[2]               When this matter was argued, the Applicant sought relief only with respect to the Respondent, Bushra Ahmedin Nuru.  Counsel for the Applicant did not challenge the Board’s decision granting protection to the other Respondents.  This was reflected in my reasons at para. 3:

The Minister' s challenge to the Board's decision concerns only the granting of refugee protection to the principal claimant, Bushra Ahmedin Nuru.  No claim is asserted by the Minister against the remaining Respondents.

[3]               To ensure that there is no confusion with respect to the limited nature of the relief granted, the Judgment of the Court will be amended as follows:

THIS COURT ADJUDGES that this application for judicial review is allowed with respect to the Respondent, Bushra Ahmedin Nuru, with his claim to be redetermined on the merits by a differently constituted panel of the Board.

THIS COURT FURTHER ADJUDGES that this application for judicial review is dismissed with respect to the other named Respondents.

“ R. L. Barnes ”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-3104-06

STYLE OF CAUSE:                          MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                            v.

                                                            BUSHRA AHMEDIN NURU ET AL

PLACE OF HEARING:                    TORONTO

DATE OF HEARING:                      11-SEPT-2007

REASONS FOR JUDGMENT

AND JUDGMENT:                          BARNES J.

DATED:                                             October 16, 2007

APPEARANCES:

SOLICITORS OF RECORD: