Date: 20061205
Docket: A-482-06
Citation: 2006 FCA 396
CORAM: DÉCARY J.A.
NOËL
J.A.
NADON
J.A.
BETWEEN:
WAFFA
AZIZ ISMAIL, SAMIR ABDULHADI ABBAS, MURAD SAMIR ABDULHADI ABBAS, AWS SAMIR
ABDULHADI ABBAS and MANAR S. ABDULHADI
Appellants
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION and ATTORNEY GENERAL OF CANADA
Respondents
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on December 5, 2006.
REASONS
FOR ORDER BY: DÉCARY
J.A.
CONCURRED
IN BY:
NOËL J.A.
NADON J.A.
Date: 20061205
Docket: A-482-06
Citation: 2006 FCA 396
CORAM: DÉCARY
J.A.
NOËL
J.A.
NADON J.A.
BETWEEN:
WAFFA AZIZ ISMAIL, SAMIR
ABDULHADI ABBAS, MURAD SAMIR ABDULHADI ABBAS, AWS SAMIR ABDULHADI ABBAS and
MANAR S. ABDULHADI
Appellants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION and ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR ORDER
DÉCARY J.A.
[1]
One of the
appellants was found by a visa officer to be a senior official in the Iraqi
government and, as a consequence, neither he nor his family was admissible to Canada. Judicial review of that
decision was denied by Phelan J., who refused to certify a question. The appellants
filed a motion for reconsideration under Rule 397 and for setting aside under
Rule 399. The motion was also dismissed. The appellants filed a Notice of
Appeal in this Court respecting the latter decision. They were asked by the
Court to explain why, in the absence of a certified question, the appeal should
not be dismissed for want of jurisdiction.
[2]
The appellants
argue that Phelan J. refused to exercise his jurisdiction in not ruling on the
issue of invalidity of translated documents in the Visa Officer’s Record. Even
if I were to assume for the sake of discussion that such refusal could be
qualified as a refusal to exercise jurisdiction, the problem for the appellants
is that the Judge did actually rule on the issue.
[3]
The appellants
also argue that the decision was rendered without an oral hearing, raising the
issue of denial of a fair hearing. Again assuming for the sake of discussion
that the issue is such as to be capable of being raised without a question
being certified, the argument is so devoid of any merit that this Court should
not allow this matter to go further.
[4]
I wish only
to add that the statutory prohibition on appeals in immigration matters unless
a question is certified pursuant to paragraph 74(d) of the Immigration and
Refugee Protection Act would be meaningless if it could be circumvented
simply by filing a motion under Rule 397 or Rule 399.
[5]
The appeal
will be quashed for lack of jurisdiction and the respondent, the Minister of
Citizenship and Immigration, should be entitled to his costs, which I will assess
at $400.00. The Attorney General of Canada is not a proper party respondent.
“Robert
Décary”
“I
agree
Marc Noël J.A.”
“I
agree
Marc Nadon J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-482-06
STYLE OF CAUSE: Waffa
Aziz Ismail, Samir Abdulhadi Abbas, Murad Samir Abdulhadi Abbas, Aws Samir
Abdulhadi Abbas and Manar S. Abdulhadi v. The Minister of Citizenship and
Immigration and Attorney General of Canada
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Décary J.A.
CONCURRED IN BY: Noël J.A.
Nadon J.A.
DATED: December 5, 2006
WRITTEN REPRESENTATIONS BY:
|
Mr. Umesh I. Vyas
|
FOR THE APPELLANT
|
|
Mr. Rick
Garvin
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
UMESH VYAS LAW OFFICE
Calgary, Alberta
|
FOR THE APPELLANT
|
|
MR. JOHN H.
SIMS, Q.C.
Deputy Attorney General of Canada
Edmonton, Alberta
|
FOR THE RESPONDENT
|
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