Docket: IMM-1595-23
Citation: 2024 FC 2020
Toronto, Ontario, December 12, 2024
PRESENT: The Honourable Justice Battista
BETWEEN: |
ANKIT ARVIND RAIYANI |
Applicant |
and |
THE MINISTER OF CITIZENSHIP & IMMIGRATION |
Respondent |
JUDGMENT AND REASONS
(Delivered from the bench on December 12, 2024.
Edited for grammar and syntax.)
[1] The Applicant challenges a decision of Immigration, Refugees and Citizenship Canada (IRCC) dated December 12, 2022, finding him inadmissible for misrepresentation. The Applicant alleges that the decision maker ignored evidence that he provided in his response to IRCC’s procedural fairness letter.
[2] The Applicant provided the Court with evidence that he requested reconsideration of the decision, and that IRCC reconsidered its decision based on his response to the procedural fairness letter. IRCC maintained their original refusal in a subsequent decision dated January 30, 2023.
[3] For the reasons that follow, I find this application to be moot and it is dismissed.
[4] The test for mootness described by the Supreme Court involves first, a consideration of whether the “dispute has disappeared and the issues have become academic,”
and if so, whether “the court should exercise its discretion to hear the case”
(Borowski v Canada (Attorney General), [1998] 1 S.C.R. 342 at 353).
[5] The issue in this application has become academic because the Applicant’s response to the procedural fairness letter, which was not considered prior to the decision under review, has now been reconsidered. A challenge to the reconsidered decision is not before the Court in this application.
[6] The Applicant has offered no reasons for the exercise of discretion to decide the application despite its mootness, and I see no basis for doing so. No practical effect on the interests of the parties is possible, and the application is therefore dismissed for mootness.
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