Date: 19981117
Docket: IMM-3393-98
BETWEEN:
SAMIR FAWAZ,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
EVANS, J.
[1] On the basis of Sajjan v. Canada (Minister of Citizenship and Immigration) (1997), 39 Imm. L.R. (2d) 56 (F.C.A.), I am bound to conclude that subsection 81.1(2) of the Immigration Act, R.S.C. 1985, c. F-7 [as amended] applies only to decisions made by visa officers, and not by the Minister or by anyone else, on or in connection with an application under sections 9, 10 or 77 of the Act.
[2] The Applicant must therefore apply for leave to commence an application for judicial review of the Minister's decision that she is not satisfied that the admission of the Applicant, who is inadmissible by virtue of paragraph 19(1)(f)(iii)(b) of the Immigration Act, would not be detrimental to the national interest.
IT IS HEREBY ORDERED THAT:
| The Respondent's Motion for an Order striking out the Applicant's notice of application is granted. |
(Sgd.) "John M. Evans"
Judge
Vancouver, British Columbia
November 17, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-3393-98
STYLE OF CAUSE: SAMIR FAWAZ
v.
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF COUNSEL.
REASONS FOR ORDER AND ORDER OF EVANS, J.
dated November 17, 1998
WRITTEN SUBMISSIONS BY:
Mr. Daryl Larson for Applicant
Ms. Lorie Jane Turner for Respondent
SOLICITORS OF RECORD:
Larson, Suleman, Sohn
& Boulton
Vancouver, BC for Applicant
Morris Rosenberg for Respondent
Deputy Attorney General
of Canada