Elkebti v. Canada (Minister of Citizenship and Immigration), 2006 FC 1044

 

 

 

 

Date: 20060830

Docket: IMM-1876-04

Citation: 2006 FC 1044

Montréal, Quebec, August 30, 2006

PRESENT:     Richard Morneau, Esq., Prothonotary

 

BETWEEN:

MAKRAM MOHAMED ELKEBTI

Applicant

 

and

 

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

 

 

REASONS FOR ORDER AND ORDER

 

[1]               CONSIDERING this motion by the Applicant, who is self-represented, for an order putting under confidential seal the decision rendered by this Court on November 18, 2004 whereby the Court rejected a judicial review application brought by the Applicant;

[2]               CONSIDERING that the sole and essential allegation raised by the Applicant is contained in his notice of motion – and not in an affidavit – and is in the nature of a bald allegation that the availability of the said Court decision on the internet puts his life and that of his family in jeopardy;

[3]               CONSIDERING that aside from the fact that such an allegation does not establish in evidence a serious, real and substantial risk, the decision of this Court of November 18, 2004 has now been in the public domain for almost two years, and therefore it would be most inappropriate to put it now under seal all against the open court public interest which has prevailed, rightly so, at all relevant times and which was deemed to be known by the Applicant despite his assertion to the contrary in his affidavit;

[4]               CONSEQUENTLY, this motion by the Applicant is denied, without costs.

[5]               These Reasons for Order and Order are applicable mutatis mutandis to file IMM-1877-04.

 

“Richard Morneau”

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-1876-04

 

STYLE OF CAUSE:                          MAKRAM MOHAMED ELKEBTI

 

                                                            and

 

                                                            MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

 

PLACE OF HEARING:                    Montréal, Quebec

 

DATE OF HEARING:                      August 28, 2006

 

REASONS FOR ORDER:               MORNEAU P.

 

DATED:                                             August 30, 2006

 

 

 

APPEARANCES:

 

Makram Mohamed Elkebti	FOR THE APPLICANT
Evan Liosis	FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENT