Date: 20030110
Docket: IMM-1782-02
Neutral Citation: 2003 FCT 8
Between:
CHAUDARY MOHAMMAD IRTAF
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
The applicant seeks a mandamus order against the respondent to obtain a decision on his permanent residency application "within the next two months".
At the time of this application for mandamus, the applicant had not yet received word from the respondent regarding his application for permanent residence. However, on October 2, 2002, permanent residence status was granted to the applicant.
Because the applicant's application for permanent residence has been approved, there is no longer a reason to hear this case. Applying the two-step test described in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, firstly, the required tangible and concrete dispute has disappeared and the issues have become academic. Secondly, there is no reason for the Court to exercise its discretion to hear the case.
Consequently, the application for mandamus is dismissed. I agree with counsel for the respondent that in the circumstances, the applicant could and should have instructed his counsel to serve and file a Notice of Discontinuance of this application for mandamus in order to prevent the hearing of a moot case. For these special reasons, costs in the amount of two hundred dollars ($200.00) are adjudicated against the applicant, in favour of the respondent.
JUDGE
OTTAWA, ONTARIO
January 10, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1782-02
STYLE OF CAUSE: CHAUDARY MOHAMMAD IRTAF v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 21, 2002
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: January 10, 2003
APPEARANCES:
Me Styliani Markaki FOR THE APPLICANT
Me Michel Synnott FOR THE RESPONDENT
SOLICITORS OF RECORD:
Styliani Markaki FOR THE APPLICANT
Avocate
Montreal
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario