Solmaz v. Canada (Public Safety and Emergency Preparedness), 2007 FC 607

Date: 20070606

Docket: IMM-4132-06

Citation: 2007 FC 607

Toronto, Ontario, June 6, 2007

PRESENT:     The Honourable Mr. Justice Barnes

BETWEEN:

NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR SOLMAZ, FATIH SOLMAZ

(by his litigation guardian, NUREDDIN SOLMA) and KUBRA SOLMAZ

(by her litigation guardian, NUREDDINSOLMAZ)

Applicants

and

THE MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               This Application having come before the Court for argument on June 6, 2007, and upon hearing counsel for the parties.

JUDGMENT

            THIS COURT ORDERS AND ADJUDGES that this application is dismissed for the following reasons:

1.         This application arises out of an administrative decision refusing to defer the removal of the Applicants from Canada made in July of 2006.  That decision was stayed by Order of this Court on August 2, 2006.  By the time this application came before the Court, the serious issues identified in the stay decision were, in practical terms, academic.  This case is on all fours with the decision of Justice Frederick Gibson in Higgins v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] F.C.J. No. 516, 2007 FC 377 where a similar application was dismissed on the ground of mootness.  I would resolve this application on the same basis.

“R.L. Barnes”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-4132-06

STYLE OF CAUSE:                          NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR

SOLMAZ, FATIH SOLMAZ (by his litigation guardian,

NUREDDIN SOLMA) and KUBRA SOLMAZ

(by her litigation guardian, NUREDDINSOLMAZ) v.

THE MINISTER OF PUBLIC SAFETY &

EMERGENCY PREPAREDNESS

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      June 6, 2007

REASONS FOR JUDGMENT

AND JUDGMENT:                          BARNES J.

DATED:                                             June 6, 2007

APPEARANCES:

Hadayt Nazami                                                                         For the ApplicantS

Michael Butterfield                                                                    For the Respondent

SOLICITORS OF RECORD:

Hadayt Nazami

Jackman & Associates

Barrister & Solicitor

Toronto, ON                                                                            For the ApplicantS

John H. Sims, Q.C.

Deputy Attorney General of Canada                                         For the Respondent