Date: 20101104
Docket: A-102-10
Citation:
2010 FCA 296
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE
J.A.
BETWEEN:
MAXIMIN SEGASAYO
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Hearing held at Montréal, Quebec, on November 4, 2010.
Judgment delivered from the bench at Montréal, Quebec, on November
4, 2010.
REASONS FOR
JUDGMENT OF THE COURT BY: NOËL
J.A.
Date: 20101104
Docket: A-102-10
Citation:
2010 FCA 296
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
BETWEEN:
MAXIMIN SEGASAYO
Appellant
and
THE
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal,
Quebec, on November 4, 2010.)
NOËL J.A.
[1]
The Federal Court Judge, on the basis of his own
reasoning, was not required to determine the question that he certified in
order to dispose of the application for judicial review, which explains why he
made no determination. It follows that this question does not give rise to a
right of appeal (see Varela v. Canada (Minister of Citizenship and
Immigration), [2009] F.C.J. No. 549).
[2]
Accordingly, the appeal will be dismissed.
“Marc Noël”
Certified true
translation
Francie Gow, BCL,
LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-102-10
(APPEAL FROM A DECISION OF THE FEDERAL
COURT, DATED FEBRUARY 18, 2010, IN DOCKET IMM-3367-09)
STYLE OF CAUSE: MAXIMIN
SEGASAYO v.
M.C.I.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November
4, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
PELLETIER J.A.
MAINVILLE
J.A.
DELIVERED FROM THE BENCH: November
4, 2010
APPEARANCES:
|
Jacques Beauchemin
|
FOR THE APPELLANT
|
|
Michel Pépin
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Jacques Beauchemin
|
FOR THE APPELLANT
|
|
Myles J. Kirvan
Deputy Attorney General of Canada
|
FOR THE RESPONDENT
|
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