PRACTICE |
Pleadings |
Chakra v. Canada (Minister of Citizenship and Immigration)
IMM-2565-00
2002 FCT 112, Dawson J.
30/1/02
9 pp.
Motion for order allowing application for judicial review, sending matter back for redetermination by different officer--Ground for motion Minister offered to consent to application for judicial review--Applicant opposing motion as wanting decision on all issues raised--Applicant described as Palestinian, stateless--Recognized as Convention refugee--Application for landing refused as person described in Immigration Act, s. 19(1)(f)(iii)(B) because of membership in Palestine Liberation Organization--With respect to 3 factors to be considered when exercising discretion to depart from general practice of not considering moot cases, second factor, judicial economy, determinative herein--If case can be decided without dealing with constitutional issue, judge should not embark upon consideration of constitutional issue --Court not satisfied dismissing respondent's motion, allowing application to proceed would have practical effect on rights of parties--Court should not depart from general practice courts will not hear moot cases--Minister's motion allowed--Special reasons exist so that applicant should obtain costs of application for judicial review but not costs of motion --Award of costs on solicitor-client basis not justified-- Application for judicial review allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, ss. 11, 122(c),(d); 1995, c. 15, s. 2; 1996, c. 19, s. 83; 2000, c. 24, s. 55).