Federal Court Decisions

Decision Information

Rodrigues v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2007-11-16
Neutral citation 2007 FC 1207
File numbers IMM-1426-07

Decision Content

 

Date: 20071116

Docket: IMM-1426-07

Citation: 2007 FC 1207

Ottawa, Ontario, November 16, 2007

PRESENT:     The Honourable Mr. Justice Barnes

 

 

BETWEEN:

ASHLEY FRANCISCO RODRIGUES

Applicant(s)

and

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

Respondent(s)

 

SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT

 

 

[1]               Subsequent to the hearing of this application, but before my decision was rendered, counsel for the Applicant proposed the following question for certification:

Does a PRRA officer err in law if that officer relies upon guidelines prepared by a foreign government with respect to determining a question of law or mixed fact and law that is within the jurisdiction of that officer?

 

 

[2]               Counsel for the Respondent objected to the proposed question on the ground that it would not be determinative. 

 

[3]               In my decision of October 16, 2007, I invited the Applicant’s counsel to propose a question for certification having regard to the reasons then given.  Nothing further was submitted. 

 

[4]               I do not believe that the question posed by the Applicant arises on the reasons given for dismissing his application.  In the result, I decline to certify the question proposed.

 

 

JUDGMENT

 

THIS COURT ADJUDGES that no question will be certified in this proceeding.

 

 

 

“ R. L. Barnes ”

Judge

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-1426-07

 

STYLE OF CAUSE:                          ASHLEY FRANCISCO RODRIGUES

                                                            v.

                                                            MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

 

PLACE OF HEARING:                    TORONTO

 

DATE OF HEARING:                      10-SEPT-2007

 

SUPPLEMENTAL REASONS

FOR JUDGMENT AND

JUDGMENT:                                    BARNES J.

 

DATED:                                             November 16, 2007

 

 

 

APPEARANCES:

 

Lorne Waldman

 

FOR THE APPLICANT(S)

Kristina Dragaitis

 

FOR THE RESPONDENT(S)

 

SOLICITORS OF RECORD:

 

Lorne Waldman

Barrister and Solicitor

Toronto, Ontario

 

FOR THE APPLICANT(S)

John H. Sims, Q.C.

Deputy Attorney General of Canada

 

FOR THE RESPONDENT(S)

 

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