Date: 20000613
Docket: IMM-2805-00
BETWEEN:
DAVINDER SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
LEMIEUX J.
[1] On May 31st, 2000, the applicant Davinder Singh filed a section 18.1 Federal Court Act application seeking mandamus to compel the respondent to process his application for permanent residence which he filed with the Canadian Consulate General in Buffalo, New York in February of this year.
[2] In the context of that mandamus application, the applicant, who is self represented, moved the Court on June 12th, 2000 for orders and directions pending its hearing and disposition. He told me at the hearing what he was seeking from the Court was an order directing the respondent to accord consideration to his outstanding permanent residence application.
[3] He coupled this request with another factor related to a denial by the respondent on October 27th, 1999 of a Humanitarian and Compassionate application for inland processing of a previous application for permanent residence he had made after the Refugee Division had, on June 25th, 1997 found him not to be a Convention refugee.
[4] One of the factors mentioned in the Humanitarian and Compassionate refusal was his conviction on three counts of sexual assault on April 6th, 1999. He appealed those convictions and these were set aside by the Ontario Court of Appeal on January 25th, 2000 with a new trial ordered. I am advised that the respondent has agreed to reconsider this Humanitarian and Compassionate application because of the Ontario Court of Appeal"s decision.
[5] I agree with counsel for the respondent that the order sought by the applicant at this stage of his mandamus proceeding is not proper because it would in effect decide its merits i.e. that the respondent should forthwith decide on his application for permanent residence filed in Buffalo in February of this year. The outcome of that mandamus application is for another day after all of the steps prescribed by the Federal Court Rules have been satisfied.
[6] The applicant received a call-in notice on May 23rd, 2000. He has not received a request to report for departure. Because the applicant"s motion before me did not directly seek a stay of execution from a removal order, it would not be appropriate for me to comment on the merits of such an application should it be made by the applicant at a later stage.
[7] For these reasons, this application will be dismissed.
"François Lemieux"
J.F.C.C.
Toronto, Ontario
June 13, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: DAVINDER SINGH |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: MONDAY, JUNE 12, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: LEMIEUX J. |
DATED: TUESDAY, JUNE 13, 2000
| APPEARANCES: Mr. Davinder Singh |
| The Applicant On His Own Behalf |
Ms. Neeta Logsetty
| SOLICITORS OF RECORD: Davinder Singh |
1429 Landsdowne Avenue
Toronto, Ontario
M6H 3Z9
| The Applicant On His Own Behalf |
| Deputy Attorney General of Canada |
FEDERAL COURT OF CANADA
Date: 20000613
Docket: IMM-2805-00
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
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