IMM-3886-96
Between:
LIOUDMILA KATKOVA,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR LEAVE
Muldoon J.
The respondent has consented to the granting of leave. Whenever the respondent does so, he or she risks having a groundless consent simply ignored by the Court in this kind of public-law case. (In private law, the litigation "belongs" to the litigants and, absent fraud, the Court is not concerned about the propriety of groundless consents.)
Here the Court surmises, in the absence of grounds for consent, that the respondent hopes that on judicial review a question will be formulated for the Court of Appeal. No question was allowed in Grygorian, IMM-5158-94 (F.C.T.D.) and in the superficially similar case of Desai, IMM-5020-93, there was no question of a non-ethnic, non-national spouse being swept into the country of "return", as there is in this case.
If the Court's surmise be correct, the respondent should understand that the hope of having a question certified is a perfectly valid reason for consenting to leave, but the respondent should also understand that such reason should be stated as a ground for consent.
Judge
Ottawa, Ontario
January 13, 1997
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3886-96
STYLE OF CAUSE: LIOUDMILA KATKOVA -AND- M.C.I.
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE MULDOON DATED: JANUARY 13, 1997
APPEARANCES:
Mr. Harvey Savage FOR THE APPLICANT Toronto, Ontario
Mr. Jeremiah A. Eastman FOR THE RESPONDENT Toronto, Ontario
SOLICITORS ON THE RECORD:
Mr. Harvey Savage FOR THE APPLICANT Jackman & Associates
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada
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