Date: 20071016
Docket: IMM-3104-06
Citation: 2007 FC 1053
Ottawa, Ontario, October
16, 2007
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant(s)
and
BUSHRA AHMEDIN NURU, ZEMZEM
ABDULAZIZ SAID
(a.k.a. ZEMZEM ABDULAZI SAID), FAIZA
BUSHRA NURU,
REHAM BUSHRA NURU, RANIA BUSHRA NURU,
REDWAN BUSHRA NURU, ABDULAZIZ BUSHRA NURU
(a.k.a. ABDULAZIZ BUSHR NURU, REEMA
BUSHRA NURU)
Respondent(s)
SUPPLEMENTAL REASONS FOR
JUDGMENT AND JUDGMENT
[1]
Counsel
for the Respondents has requested that the Judgment in this proceeding be
amended pursuant to Rule 397(1)(a) of the Federal Courts Rules to ensure
that it conforms with the reasons given for it. The Applicant has not taken
any position with respect to this request. I am satisfied that this is an
appropriate situation to make such an amendment.
[2]
When
this matter was argued, the Applicant sought relief only with respect to the
Respondent, Bushra Ahmedin Nuru. Counsel for the Applicant did not challenge
the Board’s decision granting protection to the other Respondents. This was
reflected in my reasons at para. 3:
The Minister' s challenge to the Board's decision
concerns only the granting of refugee protection to the principal claimant,
Bushra Ahmedin Nuru. No claim is asserted by the Minister against the
remaining Respondents.
[3]
To
ensure that there is no confusion with respect to the limited nature of the
relief granted, the Judgment of the Court will be amended as follows:
THIS COURT ADJUDGES that this application
for judicial review is allowed with respect to the Respondent, Bushra Ahmedin
Nuru, with his claim to be redetermined on the merits by a differently
constituted panel of the Board.
THIS COURT FURTHER ADJUDGES that this
application for judicial review is dismissed with respect to the other named
Respondents.
“ R. L. Barnes ”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3104-06
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION
v.
BUSHRA
AHMEDIN NURU ET AL
PLACE OF
HEARING: TORONTO
DATE OF
HEARING: 11-SEPT-2007
REASONS FOR JUDGMENT
AND JUDGMENT: BARNES J.
DATED: October
16, 2007
APPEARANCES:
|
Gordon Lee
|
FOR THE APPLICANT(S)
|
|
Angus Grant
|
FOR THE RESPONDENT(S)
|
SOLICITORS
OF RECORD:
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE APPLICANT(S)
|
|
Law Office of
Catherine Bruce
Toronto, Ontario
|
FOR THE RESPONDENT(S)
|
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