Thamotharampillai v. Canada (Public Safety and Emergency Preparedness), 2015 FC 818

Date: 20150716

Docket: IMM-2445-14

Citation: 2015 FC 818

Ottawa, Ontario, July 16, 2015

PRESENT:    The Honourable Mr. Justice Zinn

AMENDED JUDGMENT AND REASONS

[1]           This is an application for judicial review of a decision of an enforcement officer refusing to defer the removal of the applicant to Sri Lanka.

[2]           On April 9, 2014, the court granted the applicant a stay of the removal order made against him, then scheduled for execution on April 12, 2014, on the basis that he had raised a serious issue as to whether the removal could legally be done prior to him having a fresh pre-removal risk assessment [PRRA].

[3]           By letter dated June 11, 2015, the respondent advised the applicant and the court that Canada Border Services Agency has decided to defer removal until the applicant’s PRRA application of April 2014, has been determined.  This decision provides the applicant with the remedy he is seeking in this application; accordingly, this application is moot as there is no live controversy between the parties.  The court has turned its mind as to whether, notwithstanding the mootness of the application, it ought to exercise its discretion to hear the matter: Borowski v Canada (Attorney General), [1989] 1 S.C.R. 342 and finds that there is no compelling reason to do so.  Accordingly, this application must be dismissed.

[4]           The court wishes to address comments made in the applicant’s materials that were disparaging of the conduct of counsel for the respondent.  There was nothing in the record reviewed by the court that would suggest that there is any foundation to the comments made.  They are without merit.  They are hurtful to the barrister to whom they were directed, and are harmful to the legal profession as whole.

JUDGMENT

THIS COURT’S JUDGMENT is that the application is dismissed as moot.

"Russel W. Zinn"

FEDERAL COURT

SOLICITORS OF RECORD

APPEARANCES:

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