Aowad v. Canada (Minister of Citizenship and Immigration), docket IMM-946-97

Date: 19971119

Docket: IMM-946-97

BETWEEN:

     FATHI AOWAD

     Applicant

     - and -

     MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

RICHARD, J.

[1]      In his application, the applicant sought an order in the nature of mandamus requiring the Minister to grant him an Immigrant Landed Visa forthwith. At the hearing, counsel for the applicant accepted that an order for mandamus cannot compel a certain result. Counsel for the applicant therefore limited the application to an order directing the respondent to make a decision within three months.

[2]      The applicant 's application for leave and for judicial review, dated March 3, 1997, was accompanied by the affidavit of the applicant. In it he stated that:

1)      He was a stateless Palestinian person who immigrated to Canada from Lebanon on September 13, 1991;

2)      On February 21, 1992 he was found to be a Convention refugee;

3)      He was never told why he had not received a Landed Immigrant Visa even though inquiries were made of the respondent on several occasions;

4)      The period of time for a person found to be a Convention refugee to be granted a Landed Immigrant Visa is approximately 18 to 24 months; and,

5)      He has yet to receive a decision even though more than five years have passed since the date of filing of the application.

[3]      The respondent did not file any affidavit or material with the Court at the leave stage. Leave to commence an application for judicial review based on the applicant's record was granted on August 20, 1997. The hearing of the application for judicial review was fixed for November 18, 1997. By motion dated November 13, 1997, the respondent sought an order extending the time to file an affidavit and a memorandum on the application for judicial review. An order allowing the applicant to file such material was made by the Associate Chief Justice on November 17, 1997. Therefore, the application for judicial review proceeded on the basis of both the applicant's and the respondent's records.

[4]      The respondent relied on the affidavit of Karen Bakowski, an immigration officer at the Etobicoke CIC, who currently has the carriage of the applicant's immigration file. In this affidavit the immigration officer states:

1)      The Applicant arrived in Canada in September, 1991, using a fraudulent Swedish passport in the name of Alexandran Ollson. The Applicant advised immigration that he had also used a false Algerian passport in the name of Khalil Juma to leave Lebanon. The Applicant, at the port of entry, admitted to using other aliases.

2)      The notes of an interview conducted with the Applicant at the port of entry disclosed that the Applicant stated that he was a member of El-Fatah, a predecessor of the Palestine Liberation Organization ("PLO").

3)      The Applicant was interviewed by a senior immigration officer and by an officer of the Canadian Security Intelligence Service ("CSIS") on September 14, 1991. A conditional departure order was issued to the Applicant at that time, and his case was referred to the Immigration and Refugee Board ("Refugee Division").

4)      The Applicant was found to be a refugee on February 28, 1992.

5)      The Applicant submitted an application for landing in Canada on March 10, 1992 at the Toronto Central CIC.

6)      The Toronto CIC began making inquiries regarding a security clearance for the Applicant in March, 1992, to the RCMP and to CSIS.

7)      The Applicant was interviewed again by an officer from CSIS on October 20, 1993.

8)      In March, 1994, the Applicant's file was transferred to the Etobicoke CIC.

9)      On March 20, 1994, the Applicant was interviewed by an officer from CSIS. In February, 1995, the Etobicoke CIC made inquiries of CSIS as to the status of the file. We were advised at that time that a brief was being prepared.

10)      In the months following February, 1995, our office received inquiries about this file from various immigration offices, and from the office MP Caroline Parish. On August 24, 1995, our office advised MP Caroline Parish that the Applicant's file was still being reviewed regarding background and identification checks.

11)      In January, 1996, our office advised MP Caroline Parish that background checks remained outstanding. In November, 1996 we received a direction to have a local immigration officer do an interview of the Applicant.

12)      In February, 1997, our office received a letter from Angie Codina, the Applicant's solicitor, inquiring as to the status of the file.

13)      I interviewed the Applicant in May, 1997, and have subsequently prepared a report for immigration national headquarters regarding the Applicant.

---

         The immigration officer added:

1)      From a review of the Applicant's file, it appears that most of the delays associated with processing his application for landing have to with security concerns stemming from his admission at the port of entry that he was associated with the group El-Fatah.

2)      From my experience, the delays associated with this file are not out of the ordinary, given the security concerns involved.

3)      From my review of the file, it appears that the Applicant has been repeatedly advised of the reason for the delay in processing his application. I advised the Applicant personally of the status of his file and the reason for the interview when I interviewed him in May, 1997.

[5]      Given the immigration officer's additional information, and in particular, the statement by the immigration officer that a report for immigration national headquarters regarding the applicant has now been prepared, the order requested by the applicant is not granted. This decision is without prejudice to any further relief the applicant may seek if a decision on his application is not dealt with according to law.

[6]      Accordingly, the application for judicial review is dismissed.

                                                     "John D. Richard"

                             Judge

Toronto, Ontario

November 19, 1997

     FEDERAL COURT OF CANADA

Date: 19971119

Docket: IMM-946-97

BETWEEN:

FATHI AOWAD

     Applicant

- and -

MINISTER OF CITIZENSHIP

AND IMMIGRATION

     Respondent

    

     REASONS FOR ORDER

    

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                  IMM-946-97

STYLE OF CAUSE:             

                     FATHI AOWAD

                     - and -

                     MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

DATE OF HEARING:          NOVEMBER 18, 1997

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR ORDER:          RICHARD, J.

DATED:                  NOVEMBER 19, 1997

APPEARANCES:              Mr. Yossi Schwartz

                         For the Applicant

                     Mr. David Tyndale

                         For the Respondent

SOLICITORS OF RECORD:

                     Ms. Angie Codina     

                     CODINA & PUKITIS

                     Barristers and Solicitors

                     Suite 1708

                     390 Bay Street

                     Toronto, Ontario

                     M5H 2Y2

                         For the Applicant

                      George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent