Date: 20010816
Docket: IMM-2135-01
Neutral citation: 2001 FCT 900
PRESENT: Peter A. K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
HOA THI THANH HUYUH
Applicant
-and-
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The applicant herein is the sponsor of a person who made a humanitarian and compassionate application from within Canada, which was refused. The respondent has moved to strike the application for leave for judicial review as the applicant has no standing. The applicant has moved to add the sponsored person, the applicant's husband, as a co-applicant or in the alternative, to substitute the sponsored person for the applicant in the application for leave.
[2] It is stated in the original application for leave, that it was filed late and an extension had to be sought. There will be little advantage in substituting names as an extension of time has to be sought in the application for leave. The judge at hearing would not be subject to the confusion of a change from sponsor to sponsored even though all the original documents filed in this file would be required for a new file. I think on balance, there is no advantage to stretching the judicial review procedure by substituting an applicant. Therefore, the application will be struck out with the proviso that original documents may be removed from this file should they be required for any application for leave made by the sponsored husband.
ORDER
1. The application for leave herein is struck out as the applicant has no standing. It is provided that the documents filed herein may be transferred to any other file where an application for leave is made by Truong Thu Truong.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
August 16th , 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2135-01
STYLE OF CAUSE: HOA THI THANH HUYUH
Applicant
-and-
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: THURSDAY, AUGUST 16, 2001
WRITTEN SUBMISSIONS BY: Mr. Marvin Moses
For the Applicant
Ms. Amina Riaz
For the Respondent
SOLICITORS OF RECORD: Moses & Associates
Barristers & Solicitors
480 University Avenue
Toronto, Ontario
M5G 1V2
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010816
Docket:IMM-2135-01
Between:
HOA THI THANH HUYUH
Applicant
-and-
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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