Date: 20010814
Docket: IMM-258-01
Neutral citation: 2001 FCT 892
BETWEEN:
MOHAMMED AZAD ISHAQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered Orally from the Bench at Calgary,
Alberta, on Tuesday, August 14, 2001)
LEMIEUX, J.
[1] The applicant's argument, based on Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, is that the duty of fairness requires that reasons for decision be given contemporaneously with the decision in this case the refusal of his H & C application. Such a proposition was specifically rejected in Fonseka v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 1688. I agree with Justice Rothstein's (acting ex officio) views expressed in that case.
[2] In terms of applications to this Court, no prejudice befalls an applicant who does not have contemporary reasons with the decision for which leave is sought. An applicant is not required to perfect an application for leave until 30 days of the receipt of reasons or notice of no reasons (See subsection 10 (1) of the Federal Court Immigration Rules, 1993 (the Rules). If leave is granted, an applicant has an opportunity to file an additional affidavit and memorandum (See subsection 15 (1) of the Rules).
[3] This judicial review is dismissed. No certified question was proposed.
"François Lemieux"
JUDGE
Calgary, Alberta
August 14, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010814
Docket: IMM-258-01
BETWEEN:
MOHAMMED AZAD ISHAQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-258-01
STYLE OF CAUSE: MOHAMMED AZAD ISHAQ v. MCI
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: August 14, 2001
REASONS FOR ORDER OF LEMIEUX, J.
DATED: August 14, 2001
APPEARANCES:
Mr. Jaswant Mangat FOR APPLICANT
Ms. Tracy King FOR RESPONDENT
SOLICITORS OF RECORD:
Mangat & Company
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT
Date: 20010814
Docket: IMM-258-01
CALGARY, Alberta, Tuesday, the 14th day of August, 2001.
Present: THE HONOURABLE MR. JUSTICE LEMIEUX
BETWEEN:
MOHAMMED AZAD ISHAQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
This judicial review application is dismissed. No certified question was proposed.
"François Lemieux"
JUDGE
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