Date: 20080305
Docket: IMM-1433-05
Citation: 2008 FC 303
Ottawa, Ontario, March 5, 2008
PRESENT: The Honourable Mr. Justice O’Reilly
BETWEEN:
HUSNAH MOHAMMED AL MASHTOULI,
AHMAD MAHMOUD JABALLAH AND ASH-SHAYMAA ES-SAYJID
JABALLAH, AL-MUNZIR ES-SAYJID JABALLAH AND AFNAN MAHMOUD ES-SAYJID JABALLAH, by
their Litigation Guardian HUSNAH MOHAMMED AL MASHTOULI
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1]
The applicants appeared before me on an application for judicial review
in December 2005. They asked for a reconsideration of their applications for
permanent residence and an order of mandamus requiring the Minister of
Citizenship and Immigration to process those applications within a particular
time frame. I allowed the application for judicial review, but adjourned the
request for mandamus given the Minister’s willingness to process the
applications for permanent residence diligently. I remained seized of the
matter and have received periodic reports from counsel on the progress of the
applications.
[2]
Counsel jointly requested that the case be brought before me again to
determine whether a fixed deadline should now be imposed. Only two remaining
applications for permanent residence remain in issue - those of Ahmad Mahmoud
Jaballah and Ash-Shaymaa Es-Sayjid Jaballah. Both have been determined to be
Convention refugees. Ahmad is currently twenty-one years old and has been in Canada
since he was nine. Ash-Shaymaa is twenty years old and has been in Canada since
she was eight.
[3]
According to the Minister, all the necessary steps have been completed
for granting permanent residence to Ash-Shaymaa. For Ahmad, the only remaining
step is clearance from the Canadian Security Intelligence Service (CSIS). CSIS
interviewed Ahmad in October 2007. The Minister urged me not to impose a
particular deadline for the processing of Ahmad’s application because the
Minister has no control over CSIS. As the Minister responsible for CSIS (i.e.
the Minister of Public Safety and Emergency Preparedness) is not a party to
this proceeding, I have no basis for determining whether CSIS has been dilatory
or if there is a legitimate reason for the delay.
[4]
The Minister concedes that Ash-Shaymaa’s application can be processed
promptly. In the circumstances, out of caution, I will impose a deadline of 60
days for the processing of Ash-Shaymaa’s application for permanent residence.
In respect of Ahmad, I am concerned about imposing an order on the Minister
that may either be ineffective or inappropriate, given that the delay appears
at this point not to be within the Minister’s control. Therefore, in Ahmad’s
case, I would order a further adjournment of the request for mandamus for an
additional six months. Given Ahmad’s youth and the fact that he has spent most
of his life in Canada, I would have expected that a security assessment could
be completed in relatively short order. If not complete within six months, the
matter should be brought before me again for hearing. I leave it to counsel to
determine whether it would be advisable to add the responsible Minister as a
respondent.
ORDER
THIS COURT’S ORDER
is
that:
1.
The application for mandamus is granted in relation to Ash-Sahymaa
es-Sayjid Jaballah. The Minister of Citizenship and Immigration is ordered to
process her application for permanent residence within 60 days.
2.
The application for mandamus in relation to Ahmad Mahmoud Jaballah is
adjourned for six months.
James W. O’Reilly
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1433-05
STYLE OF CAUSE: HUSNAH
MOHAMMED AL MASHTOULI, et al v. MCI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: February 26, 2008
REASONS FOR ORDER
AND ORDER: O’Reilly J.
DATED: March 5, 2006
APPEARANCES:
Ms. Barbara
Jackman FOR THE APPLICANTS
Mr. Lorne
McClenaghan FOR THE
RESPONDENT
SOLICITORS
OF RECORD:
Barbara Jackman
Toronto, Ontario FOR
THE APPLICANTS
John H. Sims,
Q.C. FOR THE
RESPONDENT
Deputy Attorney
General of Canada
Toronto, Ontario
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