Docket: A-461-14
Citation: 2015 FCA 202
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CORAM:
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NADON J.A.
PELLETIER J.A.
GAUTHIER J.A.
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BETWEEN:
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JEAN-PIERRE
KENGURUKA
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Appellant
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and
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THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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Respondent
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Heard
at Montréal, Quebec, on September 17, 2015.
Judgment delivered from the bench at Montréal, Quebec, on
September 17, 2015.
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REASONS FOR JUDGMENT OF THE COURT BY:
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PELLETIER
J.A.
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Docket: A-461-14
Citation: 2015 FCA 202
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CORAM:
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NADON J.A.
PELLETIER J.A.
GAUTHIER J.A.
|
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BETWEEN:
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JEAN-PIERRE
KENGURUKA
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Appellant
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and
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THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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Respondent
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REASONS FOR JUDGMENT OF
THE COURT
(Delivered from the bench at Montréal, Quebec,
on September 17, 2015.)
PELLETIER J.A.
[1]
We are all of the view that the question certified
by the Federal Court judge does not meet the requirements of section 74 of
the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2]
The trial judge did not consider the certified
question in his reasons. He simply stated the question and referred to the
standard of review. He did not analyze the legal principles relating to the
question he certified that are to be found in the Act and the case law. Upon
reading his reasons, we cannot discern which legal principles (apart from the
standard of review) led him to conclude that the decision was reasonable and
correct. This does not meet the criteria laid down in Zazai v. Canada
(Minister of Citizenship and Immigration), 2004 FCA 89, [2004] F.C.J. No. 389,
Varela v. Canada (Minister of Citizenship and Immigration), 2009 FCA
145, [2010] 1 F.C.R. 129, Lai v. Canada (Minister of Public Safety and
Emergency Preparedness), 2015 FCA 21, [2015] F.C.J. No. 125. Thus
there is no right of appeal, and the appeal will therefore be dismissed.
[3]
Once again, it should be noted that the certification
of a question plays an important part in the administration of the Act: see Varela,
above, at paragraphs 22 to 29. It is not a favour that a trial judge may
grant as he or she sees fit. Certifying a question without dealing with it in the
reasons for judgment serves only to give appellants false hope.
“J.D. Denis Pelletier”
Certified true
translation
Erich Klein
FEDERAL COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DoCKET:
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A-461-14
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STYLE OF CAUSE:
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JEAN-PIERRE
KENGURUKA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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PLACE OF HEARING:
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Montréal, QuEbec
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DATE OF HEARING:
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septembER 17, 2015
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REASONS FOR JUDGMENT
OF THE COURT BY:
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NADON j.a.
PELLETIER J.A.
GAUTHIER J.A.
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DELIVERED
FROM THE BENCH BY:
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PELLETIER J.A.
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APPEARANCES:
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Claudette Menghile
Susan Ramirez
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FOR THE appeLlant
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Caroline Doyon
Guillaume Bigaouette
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FOR THE
RESPONDENT
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SOLICITORS OF RECORD:
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Claudette Menghile
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FOR THE appeLlant
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William F. Pentney
Deputy Attorney General of Canada
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for THE
RESPONDENT
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