Docket: IMM-2068-17
Citation:
2017 FC 771
Calgary, Alberta, August 16, 2017
PRESENT: The
Honourable Madam Justice McDonald
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Docket: IMM-2068-17
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BETWEEN:
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TUSIF UR REHMAN
CHHINA
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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Respondent
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JUDGMENT AND REASONS
[1]
This is an application for judicial review of a
May 1, 2017 Detention Review Decision (the Decision) of the Immigration and
Refugee Board of Canada, Immigration Division. The Decision ordered the
ongoing detention of the applicant on the basis that his identity had not been
established and on the basis that he was a flight risk and unlikely to appear
for his removal. The issue was securing travel documents to have the applicant
returned to Pakistan. At the time of the May 1, 2017 detention review hearing
the applicant had been in detention since November 2015.
[2]
Following the filing of this judicial review,
another Detention Review Hearing was held on July 21, 2017. At this hearing,
the Minister advised that the government of Pakistan had approved the return of
the applicant to Pakistan and that a travel document would be issued. At that
time it was anticipated that the applicant would be returned to Pakistan at the
end of August or the beginning of September, 2017.
[3]
On the hearing of this judicial review
application I was advised that travel documents for the applicant have been
secured so removal will take place in accordance with the August - September
timeframe as noted in the July 21, 2017 Detention Review Hearing. Accordingly,
the applicant’s argument that his detention is unlawful on the grounds that it
is “indeterminate” is no longer applicable.
[4]
In light of these developments at the hearing of
the judicial review application, both legal counsel for the Applicant and legal
counsel for the Respondent, submit that the judicial review application has
been rendered moot.
[5]
In applying the test articulated in Borowski
v Canada (Attorney General), [1989] 1 S.C.R. 342 at paras 15-17, and 29-40 [Borowski],
there is no longer a live controversy between the parties that this Court's
decision would have any practical effect on solving. Further, upon considering
the factors in the second branch of the Borowski test, I decline to
excise my discretion to decide the matter.
[6]
The Minister sought costs, but in the
circumstances I decline to award any costs.
JUDGMENT
THIS COURT’S JUDGMENT is that the
application is dismissed as moot. No costs are awarded.
"Ann Marie McDonald"
FEDERAL
COURT
SOLICITORS
OF RECORD
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Docket:
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IMM-2068-17
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STYLE OF CAUSE:
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TUSIF UR REHMAN CHHINA v THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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PLACE OF
HEARING:
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Calgary, Alberta
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DATE OF
HEARING:
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August 16, 2017
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REASONS
FOR JUDGMENT AND JUDGMENT:
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MCDONALD J.
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DATED:
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August 16, 2017
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APPEARANCES:
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Nico G.J. Breed
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For
The Applicant
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Camille N. Audain
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For
The Respondent
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SOLICITORS OF RECORD:
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Note Bene Law Group Inc.
Barristers and Solicitors
Calgary, Alberta
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For
The Applicant
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Nathalie G. Drouin
Deputy Attorney General of Canada
Toronto, Ontario
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For
The Respondent
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