Date: 20110714
Docket: A-181-11
Citation: 2011 FCA
225
Present: NOËL J.A.
BETWEEN:
ADRIEN DAMBANA SUNGU
Appellant
and
THE MINISTER OF PUBLIC SAFETY
AND
EMERGENCY
PREPAREDNESS
Respondent
Dealt with in writing without appearance
of parties.
Order delivered
at Ottawa, Ontario, on July 14, 2011.
REASONS
FOR ORDER BY: NOËL
J.A.
Date:
20110714
Docket:
A-181-11
Citation: 2011 FCA 225
Present: NOËL
J.A.
BETWEEN:
ADRIEN
DAMBANA SUNGU
Appellant
and
THE MINISTER OF PUBLIC SAFETY AND
EMERGENCY
PREPAREDNESS
Respondent
REASONS FOR ORDER
NOËL J.A.
[1]
The
respondent moves to quash the appeal on the basis that it has became moot and
that there is no basis upon which this Court should nevertheless exercise its
discretion to hear it. The appellant concedes that the appeal is moot but
argues that this case is one of a category of cases that recurs frequently and
is evasive of review. As such, the appellant submits that this Court shall
exercise its discretion to hear it.
[2]
After
having considered the motion’s material, I have concluded that the question
whether this appeal should be heard despite its mootness should be addressed by
the panel scheduled to hear the appeal which will have the benefit of the
parties’ respective submissions on the substantive issue.
[3]
An
order is issued accordingly.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-181-11
STYLE OF CAUSE: ADRIEN
DAMBANA SUNGU and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NOËL J.A.
DATED: July 14, 2011
WRITTEN
REPRESENTATIONS BY:
|
Aviva Basman
|
FOR
THE APPELLANT
|
|
Sharon Stewart Guthrie
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Refugee Law office
Toronto,
Ontario
|
FOR
THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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