Date: 19980831
Docket: IMM-1612-98
BETWEEN:
MASHA ALLAH ZAND-VAKILI,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS RE: POSSIBLE CERTIFICATION
OF A QUESTION AND ORDER
REED, J.
[1] Pursuant to my reasons of August 10, 1998 the applicant filed the following text as a possible question for certification under section 83 of the Immigration Act, R.S.C. 1985, c. I-2, as amended:
| "Is a finding that there are serious reasons to believe that a person has committed crimes against humanity relevant to the exercise of discretionary authority in a humanitarian and compassionate review when there is incontrovertible evidence that the person concerned is at risk upon return and such return is the practical consequence of the refusal of the humanitarian and compassionate review?". |
[2] I have not been persuaded that the question raises an arguable issue. Therefore I cannot conclude that it is a "serious question" as that phrase is used in subsection 83(1). A humanitarian and compassionate review is, as the text of the question indicates, a discretionary exercise. It is not possible to seriously argue that the fact that there may be reasons for considering that a person committed crimes against humanity is not a relevant factor to be considered in that exercise.
[3] For the reasons given, I do not find it necessary to receive submission from counsel for the respondent.
IT IS THEREFORE ORDERED:
The applicant's application, filed April 8, 1998, seeking to set aside the decision of the Minister's delegate, dated March 10, 1998, is dismissed.
(Sgd.) "B. Reed"
Judge
Vancouver, British Columbia
31 August 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1612-98
| STYLE OF CAUSE: MASHA ALLAH ZAND-VAKILI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, JULY 29, 1998
PLACE OF HEARING: VANCOUVER, BRITISH COLUMBIA
REASONS FOR ORDER BY: REED, J.
DATED: AUGUST 31, 1998
APPEARANCES:
Mr. Darryl Larson
For the Applicant
Ms. Esta Resnick
For the Respondent
SOLICITORS OF RECORD:
| Mr. Darryl Larson |
| Larson Suleman Sohn Boulton |
| 6th Floor, 609 West Hastings Street |
| Vancouver, B.C. |
| V6B 4A2 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent