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Date: 20000216

Docket: IMM-949-99

Between:

                                                   ANIFAY BÉATRICE NYEMBO

                                                                                                                                            Applicant

                                                                         - and -

                                MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

DUBÉ J.:

[1]                The applicant is a citizen of the Democratic Republic of the Congo. Her refugee claim was rejected on January 8, 1998, but she says she was not notified until February 20, 1998. She did not submit her application for landing as a member of the post-determination refugee claimants in Canada class (PDRCC) until May 22, 1998. On February 5, 1999, the immigration officer determined her ineligible for inclusion because she had not applied within the prescribed time, or within 15 days of the day she was notified of the determination


by the Refugee Division, under paragraph 11.4(2)(b) of the Regulations. The paragraph reads as follows:

11.4(2) For the purposes of subsection 6(5) of the Act, a person whom the Refugee Division

...

(b) on or after May 1, 1997, has determined is not a Convention Refugee and who intends to apply for landing as a member of the post-determination refugee claimants in Canada class shall submit an application for a determination of whether the person is a member of that class to an immigration officer not later than 15 days after the day the person is notified of the determination by the Refugee Division.

[2]                Ample authority consistently[1] establishes that the period in question is mandatory and non-discretionary. There is no statutory enactment that would allow an immigration officer to either extend or disregard this period. Consequently, the immigration officer did not err in dismissing the applicant's application considering that the said application was not submitted within the prescribed time.


[3]                As a result, this application for judicial review cannot be allowed.

[4]                Considering the well established authority on this point, there is no serious question of general importance to certify under section 83(1) of the Immigration Act.

OTTAWA, Ontario

February 16, 2000

                                                                                                                                      

                                                                                                             Judge

Certified true translation

Peter Douglas

                                                                                                           


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                IMM-949-99

STYLE OF CAUSE: ANIFAY BÉATRICE NYEMBO AND MCI

PLACE OF HEARING:          TORONTO, ONTARIO

DATE OF HEARING:            FEBRUARY 8, 2000

REASONS FOR ORDER OF DUBE J.

DATED:                                  FEBRUARY 16, 2000

APPEARANCES:

BENJAMIN BAJIKIJAIE                                                        FOR THE APPLICANT

IAN HICKS                                                                              FOR THE RESPONDENT

SOLICITORS OF RECORD:

BENJAMIN BAJIKIJAIE                                                        FOR THE APPLICANT

    TORONTO

Morris Rosenberg                                                                  FOR THE RESPONDENT

Deputy Attorney General of Canada


Date: 20000216

Docket: IMM-949-99

          

OTTAWA, ONTARIO, THE 16th DAY OF FEBRUARY 2000

Present:         THE HONOURABLE MR. JUSTICE J.E. DUBÉ

Between:

                           ANIFAY BÉATRICE NYEMBO

Applicant

- and -

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ORDER

             The application for judicial review is dismissed.       

                           

Judge

Certified true translation

Peter Douglas




     [1]         Gill v. Canada (Minister of Citizenship and Immigration), 1999 CarswellNat 1587; Bensalah v. Canada (Minister of Citizenship and Immigration), 1999 CarswellNat 1586; Razavi v. Canada (Minister of Citizenship and Immigration), 1998 CarswellNat 331, 43 Imm. L.R. (2d) 28, 144 F.T.R. 36; Adam v. Canada (Minister of Citizenship and Immigration), 1998 CarswellNat 2714, 60 C.R.R. (2d) 354, 161 F.T.R. 42; Melinte v.    Canada (Minister of Citizenship and Immigration), 1997 CarswellNat 1135, 38 Imm. L.R. (2d) 265, 134 F.T.R. 292 and Ponnampalam v. Canada (Minister of Citizenship and Immigration), 1996 CarswellNat 918, 34 Imm. L.R. (2d) 166, 117 F.T.R. 294.


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