Date: 20071116
Docket: IMM-1426-07
Citation: 2007 FC 1207
Ottawa, Ontario, November 16, 2007
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
ASHLEY
FRANCISCO RODRIGUES
Applicant(s)
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent(s)
SUPPLEMENTAL REASONS FOR
JUDGMENT AND JUDGMENT
[1]
Subsequent
to the hearing of this application, but before my decision was rendered, counsel
for the Applicant proposed the following question for certification:
Does a PRRA officer err in law if that
officer relies upon guidelines prepared by a foreign government with respect to
determining a question of law or mixed fact and law that is within the
jurisdiction of that officer?
[2]
Counsel
for the Respondent objected to the proposed question on the ground that it would
not be determinative.
[3]
In
my decision of October 16, 2007, I invited the Applicant’s counsel to propose a
question for certification having regard to the reasons then given. Nothing
further was submitted.
[4]
I
do not believe that the question posed by the Applicant arises on the reasons
given for dismissing his application. In the result, I decline to certify the
question proposed.
JUDGMENT
THIS COURT ADJUDGES that no question will be
certified in this proceeding.
“ R. L. Barnes ”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1426-07
STYLE OF CAUSE: ASHLEY FRANCISCO RODRIGUES
v.
MINISTER
OF CITIZENSHIP AND IMMIGRATION
PLACE OF
HEARING: TORONTO
DATE OF
HEARING: 10-SEPT-2007
SUPPLEMENTAL
REASONS
FOR JUDGMENT AND
JUDGMENT: BARNES J.
DATED: November
16, 2007
APPEARANCES:
|
Lorne Waldman
|
FOR THE APPLICANT(S)
|
|
Kristina
Dragaitis
|
FOR THE RESPONDENT(S)
|
SOLICITORS
OF RECORD:
|
Lorne Waldman
Barrister and
Solicitor
Toronto, Ontario
|
FOR THE APPLICANT(S)
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT(S)
|
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